MOSCOW, September 28 (RAPSI) — The Chamber for Patent Disputes has confirmed the refusal to grant Microsoft Corporation legal protection of “Power Automate” trademark in the territory of the Russian Federation, according to the body’s records.
The international registration of the applicant’s trademark was carried out by the International Bureau of the World Intellectual Property Organization on December 17, 2019, in relation to three classes of goods and services of the ICGS.
However, on March 16, Rospatent, the Russian Federal Service for Intellectual Property, refused to grant the American corporation legal protection of this mark on the territory of Russia. This decision was appealed to the Chamber of Patent Disputes.
As noted by Rospatent, there is no sufficient reason that the designation "Power Automate" is a generally accepted term that has come into general use to designate goods of a certain type.
Power Automate can mean power automation, automated energy, and the ability to automate. In this regard, it refers to the designations that characterize the goods of the ICGS classes of MKTU declared by Microsoft Corporation, which may be associated with the automation and power of various processes.
Nevertheless, Rospatent considered that the designation "Power Automate" is unprotected, since it consists of verbal elements that are descriptive in relation to the goods and services specified in the application.
The designation applied for registration by the American corporation does not have distinctiveness and contradicts certain provisions of the Russian Civil Code, the body said.
Moreover, the corporation did not provide any documents proving that the mark under the international registration “Power Automate” acquired distinctiveness in relation to the applicant in the territory of the Russian Federation.З
Power Automate is a service that helps to create automated business processes between commonly used applications and services. These processes can be used to sync files, receive notifications, collect data, and more.