HARBELER

The court adjudged refusal of Rospatent to register a trademark of the French wine - makers as lawful action.

The court sitting under the action of the French producer of wine Bouchard Aine et Fils to Rospatent was held at the Arbitration tribunal of Moscow. Bouchard Aine et Fils claimed to adjudge refusal of the State body to register the trademark on the territory of the Russian Federation as unlawful action. Rospatent refused Bouchard Aine et Fils (the elder Bouchard and sons), because the similar trademark had been already registered by another French company Bouchard Pere & Fils (father - Bouchard and sons) in 1997.

Within the sitting, the claimant informed the court that both of the companies have been operating in France since 1828, both of the trademarks are under international law. Moreover, a customer has never confused them. Hence, the international practice can work in Russia as well. However, the third person – the representatives of Bouchard Pere & Fils, has not agreed with this. “Both of the wine are produced in Burgundy, moreover Bouchard last name is included in both of the goods, that’s why confusion of the trademarks is of high possibility”-informed the representative of the third person.

The judge Ramziya Khatipova adjudged refusal of Rospatent as a lawful action and refused to meet the claims of the French company Bouchard Aine et Fils.

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