IP Court says Rospatent is to revisit Lego objections to registration of Legorod brand
MOSCOW, December 13 (RAPSI) – Russia’s Intellectual Property Court (IP Court) has obliged Rospatent, the Russian Federal Intellectual Property, Patents and Trademark Agency, to review the arguments of Dutch company Lego Juris A/S, which challenges registration of Legorod trademark, the court materials read on Friday.
The IP Court ruled in favor of the foreign company saying the decision of Rospatent dismissing Lego Juris objections was invalid.
Lego Juris believes the trademark in dispute, which is owned by a Russian self-employed entrepreneur, is confusingly similar to Lego brand, well-known in the Russian Federation.
The Dutch company argues that the dismissal of its claim by Rospatent is a result of the agency’s failure to duly take into account the relevant evidence, in particular, the statistics of a consumer survey conducted in May of 2018.
The Court ruled that Rospatent did not assess all essential facts and arguments presented by the applicant, what could result in an unlawful decision, the defect, the court said, which could not be corrected at the stage of follow-up judicial control.
It was found out the two trademarks had clear phonetic similarities, the fact Rospatent failed to take into account when making its decision. The agency also did not assess the information on the high degree of consumer awareness as to Lego brand in Russia, the IP Court said.