OREANDA-NEWS. March 04, 2008. The Federal Antimonopoly Service (FAS Russia) recognized that actions, undertaken by "Victoria" Ltd. on purchasing and using exclusive rights for № 326164 combined trademark with the "Golden Kings" verbal element (Certification), violated Part 2 Article 14 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia. 

"Agroselprom" Ltd. has been importing vegetable oil, produced from various raw materials, from Ukraine to the Russian Federation through its distributors since 2002. The product packaging and label has a pictorial element - a red disc with the "Golden Kings" verbal element put on the upper arc of an image of a beige roll, as well as images of a crown and a walnut in the central part of the mark, letters "G" and "K" and the inscription "of Ukraine" on the lower arc.

On 14th May 2007, "Victoria" Ltd., that specializes in manufacturing and distribution of vegetable oil, registered № 326164 combined trademark under № 326164 Certificate (category 29 of the International Classification of Goods and Services: edible oils and fats, including peanut oil; vegetable oil; walnut oil; pinon oil; pumpkin oil; sunflower oil; olive oil; corn oil).

In June 2007 "Victoria" Ltd. submitted a petition to FAS Russia requesting it to undertake antimonopoly measures against the distributors of the products produced by "Agroselprom" Ltd. and eliminate unfair competition with regard to using по exclusive rights for the combined trademark under № 326164 Certificate.

Upon the FAS Russia's enquiry, the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) established that the pictorial element used by "Agroselprom" Ltd. on the packaging and labeling of their products, is confusingly similar with с the trademark under № 326164 Certificate.

Having studied all explanations and evidence presented by the parties to the case, FAS Russia concluded that "Agroselprom" Ltd. started supplying their products with the combined mark with the verbal element "Golden Kings of Ukraine" in 2002, which was long before "Victoria" Ltd. purchased the combined trademark under № 326164 Certificate.

Part 2 Article 14 of the Federal Law "On Protection of Competition" forbids unfair competition related to purchasing and using exclusive rights for the means of differentiating of a legal person, or the means of differentiating of goods, works or services.