Court annuls trademark in dispute between major confectionaries
MOSCOW, December 12 - RAPSI, Dmitry Shchitov. An appeals court has upheld the federal patent agency's decision to terminate the food company's rights to the "Sharm-sufle" trademark, the court told the Russian Legal Information Agency (RAPSI/rapsinews.com).
The court dismissed an appeal filed by Yarmarka food manufacturer. Yarmarka sought to cancel the trial court's decision, which held against Yarmarka in lawsuit against patent watchdog. The patent agency earlier annulled the "Sharm-sufle" trademark at the request of major confectionary Udarnitsa.
Rospatent registered the Sharm-sufle trademark in 2007 for a local confectionary factory based in the city of Yaroslavl. The trademark was later purchased by Yarmarka.
Udarnitsa applied to Rospatent in 2010 claiming to annul "Sharm-sufle" trademark due to its confusing similarity to the latter's "Sharmel" and "Sharm" trademarks.
The Chamber for Patent disputes dismissed Yarmarka's arguments, which maintained that the trademarks are not similar as it produces souffle while Udarnitsa produces marsh-mallow.