YUS team succeeded in defending the interests of a group of companies, dealing in production and supply of elite perfumery to Russia and the world.
A new perfume under the name “Chicago High” was launched by our Client. The client received a refusal from the Russian Patent and Trademark Office (Rospatent) to register the trademark “Chicago High” for “perfumery and candle goods”.
Rospatent refused the registration of the applied trademark including a geographical name “Chicago”. Rospatent considered such trademark to be indistinctive and deceptive (as the applicant was not residing on the territory of the USA). Disputing the decision in Rospatent lead to no results, and the decision to bring the claim to the IP court was made.
The court upheld the client’s position and overrulled Rospatent’s decision. The court determined that Rospatent had not proved that the city of Chicago was known for perfume and candle production, and therefore, the trademark “Chicago High” cannot be recognised as descriptive for these goods. A sociological survey carried out on the subject of deception proved that the trademark was not deceptive. Rospatent not agreeing to the court rulling, the case will be heard under the cassation procedure.