Protection of right for a trademark

Situation

The company - popularizer and manufacturer of historical confectionery, applied to Infralex to represent interests in the case of protecting its right to a trademark, which was contested by the plaintiff.

The plaintiff filed an objection to the Chamber of Patent Attorneys against granting protection to a trademark - a three-dimensional image of a box for confectionery products with verbal and graphic elements placed on it - registered in the State Register of Trademarks and Service Marks of the Russian Federation in the name of the Client. The arguments of the objection boiled down to the fact that the image of the label in the contested trademark is confusingly similar to the historical label of the late XIX - early XX centuries on the box of the confectionery factory.

Actions taken

Our lawyers collected the necessary evidence, analyzed the judicial practice, formed the legal position and represented the interests of the client when considering the objection by the Board of the Chamber of Patent Attorneys.

Result

After examining the documents prepared by our lawyers, the Board decided to terminate the proceedings, and the plaintiff withdrew his objection. As a result, our Client retained the right to a trademark.