OREANDA-NEWS. On 12th May 2009 the Federal Antimonopoly Service (FAS Russia) will hear the case initiated against the "Managing Company of Rosbank" Ltd. for violating Clause 4 Part 1 Article 14 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.

FAS Russia believes that the company violated the antimonopoly legislation by unlawfully using intellectual property and equal to them means of differentiation of "ROSBANK" Share-Holding Bank" OJSC.

The antimonopoly case was initiated upon a petition from "ROSBANK" Share-Holding Bank" OJSC that the "Managing Company of Rosbank" Ltd. was using the trade mark and a part of the trade name of "ROSBANK" Share-Holding Bank" OJSC, the rights for which had been registered by "ROSBANK" Share-Holding Bank" OJSC in accordance with the statutory procedures, fro the company's trade name at its website and advertising materials.

"ROSBANK" Share-Holding Bank" OJSC holds the rights for the trade name, and the trade mark (service mark) for providing financial services, which is confirmed by Nos. 208867, 208926, 308343 and 308344 Certificates registered in the State Register of Trade Marks and Service Marks of the Russian Federation on 8th February 2002, 12th February 2002, 8 th June 2006 and 8 th June 2006 accordingly.

Therefore, the actions of the "Managing Company of Rosbank" Ltd. have the signs of violating the antimonopoly legislation.

Reference:
Clause 4 Part 1 Article 14 of the Federal Law "On Protection of Competition" prohibits unfair competition related to unlawful use of intellectual property and equal to them means of differentiation of a legal entity or the means of differentiation of the goods, works or services for selling, exchanging or other commercialization of the goods.

Trade names, trade marks and service marks constitute Intellectual property and equal to them means of differentiation of legal entities or goods, works, services and the companies that are provided legal protection (of intellectual property) (Clauses 13 and 14 Part 1 Article 1225 Chapter IV of the Civil Code of the Russian Federation).