IP Court resolves dispute over Russian-owned trademark in favor of McDonald’s
MOSCOW, February 22 (RAPSI) – The Intellectual Property Court (IP Court) has granted a claim of McDonald’s Corporation seeking an early cancellation of legal protection of trademark Mac.G.Disnens, owned by a Russian entrepreneur, the court records read on Friday.
The disputed trademark was registered in 2012 with respect of a class of services including catering. The claimant believed the trademark owner failed to use it continuously over a three-year period. As McDonald’s pointed out, the trademark in question was confusingly similar to those used by the corporation.
Upon consideration, the court ruled in favor of McDonald’s noting that the Russian businessman had not disputed the similarities demonstrated by the claimant and failed to present evidence of the use of the trademark in question or any objective factor barring such use. Moreover, the defendant, although properly served, had failed to appear in court either personally or via a representative.