OREANDA-NEWS. Moscow Arbitration has recognized illegal the decision of Rospatent on refusal of the "Solnechnyi Kyzyl-Kum" trademark registration for confectionery factory named after N.K. Krupskaya (enters "Orkla Brands Russia"). Moscow Arbitration has recognized illegal the decision of Rospatent on refusal of the "Solnechnyi Kyzyl-Kum" trademark registration for confectionery factory named after N.K. Krupskaya (enters "Orkla Brands Russia").

In September 2011 Rospatent refused to Krupskaya factory in the registration of the "Solnechnyi Kyzyl-Kum" trade mark, considering this name similar to the degree of confusion with the trademark of "Kara-Kum", belonging to the "United confectioners" holding. The patent office then had not taken into account, that the symbols are different in spelling and meaning.

Not agreeing with the conclusions of Rospatent, Krupskaya confectionery appealed to the Chamber for Patent disputes, which in June 2012 supported the conclusions of Rospatent, and then to the arbitration court with the appeal against the decision of the Chamber for Patent disputes. The court of first instance declared illegal the decision of Rospatent on the refusal in registration of the mark "Solnechnyi Kyzyl-Kum" after thorough investigation of the case. Thus the court indicates the patent office on the inconsistencies and contradictions in the taken decisions.

"The decision of the court fully satisfies us: we did not expect another outcome. Even common sense proves that the trademarks „Solnechnyi Kyzyl-Kum“ and „Kara-Kum“ are not similar to a degree of confusion at least for the reason that these are the names of geographically different deserts, and there is no any similarity from the point of view for the rest of the criteria (phonetical and visual) " - said in the press-service of Krupskaya factory.