OREANDA-NEWS. September 7, 2012. Saint Petersburg and Leningrad oblast Arbitrage dismissed a suit that was declared by "Confectionary Factory "Volshebnitsa" Ltd. Against "Orkla Brands Russia" on 5 mln.rubles compensation to be paid for the usage of trade mark "Pozdravlyayu" in the category "confectionary goods".

It is important to note that in summer 2012 Patent Disputes Chamber Board has examined arguments provided by "Orkla Brands Russia" (owner of the brands "Slad&Ko", "Krupskaya Factory", "Pekar", "Azart"), and agreed with the case that registration of "Pozdravlyayu" brand was made with the violation of existing legislation.

Counter-plea of "Orkla Brands Russia" were based on the fact that "in the opinion of the consumers „Pozdravlyayu“ products have been associated with the Krupskaya factory long time before this trade mark was registered. Thus, registration of „Pozdravlyayu“ symbol as a trade mark by application of another rightholder was able to mislead the customers as to the goods producer".

Decision that was taken today by the Arbitrage of St.Petersburg and Leningrad oblast was based amongst others on the conclusions made by Rospatent, that nullified. At the same time legal protection of "Pozdravlyayu" trade mark for such categories as coffee, tea, cocoa, sugar, rice, bakery and ice-cream will be retained for "Volshebnitsa" confectionary factory.