Court to hear case on Uralmash brand in September
11 August 2010 (15:45)
Moscow District Federal Arbitration Court postponed the hearing of the writ of appeal placed by IG Holding Ltd (Integra Group) until September 17, 2010. The writ concerns the registration of Uralmash Drilling Equipment trademark, the Russian Agency of Legal and Court Information (RAPSI) reports.
The court states that the writ of appeal is not complete without the documents that could prove the payment of the state fees in their due amount or the applicant’s right to get state fees relief.
Now IG Holdings Ltd would like the court of cassation to overrule the decision taken by Moscow Arbitration Court on April 23, 2010 when the company was not allowed to lay a claim against Rospatent, the patent authority.
The plaintiff says that Rospatent refused to register the name of Uralmash Drilling Equipment as a trademark on October 13, 2008. According to the patent authority’s data, the said name was nearly identical with a number of other trademarks registered earlier, all of which contained the words Уралмаш and Uralmash. The Chamber of Patent Disputes supported the decision taken by Rospatent on September 29, 2009, says RAPSI.
In February 2010, Sverdlovsk Region Arbitration Court, in its turn, dismissed the claim laid by OAO Uralmashzavod against ZAO Uralmash Drilling Equipment regarding the protection of the plaintiff’s exclusive rights over the brand name. Uralmashzavod insisted that the court make the defendant stop using the name of Uralmash Drilling Equipment for its business of manufacturing drilling machinery, RAPSI notes.
The court states that the writ of appeal is not complete without the documents that could prove the payment of the state fees in their due amount or the applicant’s right to get state fees relief.
Now IG Holdings Ltd would like the court of cassation to overrule the decision taken by Moscow Arbitration Court on April 23, 2010 when the company was not allowed to lay a claim against Rospatent, the patent authority.
The plaintiff says that Rospatent refused to register the name of Uralmash Drilling Equipment as a trademark on October 13, 2008. According to the patent authority’s data, the said name was nearly identical with a number of other trademarks registered earlier, all of which contained the words Уралмаш and Uralmash. The Chamber of Patent Disputes supported the decision taken by Rospatent on September 29, 2009, says RAPSI.
In February 2010, Sverdlovsk Region Arbitration Court, in its turn, dismissed the claim laid by OAO Uralmashzavod against ZAO Uralmash Drilling Equipment regarding the protection of the plaintiff’s exclusive rights over the brand name. Uralmashzavod insisted that the court make the defendant stop using the name of Uralmash Drilling Equipment for its business of manufacturing drilling machinery, RAPSI notes.
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