Trademark opposition practice

Written by Ludmila M. Serova

In our firm 's practice trademark registrations which reproduce well-known trademarks of foreign owners or similar to them meet routinely.

The grounds for getting such registrations by unfair players are quite clear, but it should be kept in mind that according torepparttar Russian Trademark Law they might be opposed and canceled. We would like to illustraterepparttar 119294 aforesaid with several examples. In 1997repparttar 119295 trademark WHITE &MACKAY was registered inrepparttar 119296 name of "FRINO " Ltd.,(Russia)with respect to services in Classes 35,36,part of services in Class 39,namely "transportation, packing and storing of goods excluding alcoholic drinks " and Class 42,namely "restaurants, hotels, realization of goods excluding alcoholic drinks ".

When it revealed, an opposition to said registration was filed for our client,repparttar 119297 well-known producer of beverages, owner ofrepparttar 119298 Russian trademark registration of WHITE & MACKAY, with respect torepparttar 119299 goods in Class 33 "alcoholic beverages, whisky ".The opposition mentions thatrepparttar 119300 registration inrepparttar 119301 name of "FRINO " Ltd .is obtained in violation of Article 7 (1)ofrepparttar 119302 Russian Trademark Law, which prohibits a registration of designations confusingly similar to trademarks earlier registered in Russia by other individual or legal entity with respect to similar goods and services. Moreover, said registration of "Frino " Ltd. contradicts to Article 6 (2)ofrepparttar 119303 Law that says "a registration should not be granted to a trademark which might mislead a consumer with respect torepparttar 119304 person who renders services."Among arguments inrepparttar 119305 opposition we putrepparttar 119306 following. WHITE and MACKAY are common English surnames.

MACKAY might be associated with English or Scottish origin ofrepparttar 119307 registration owner, which is not true in respect of "FRINO " Ltd. located in Ingushetiya, Russia.

From geographic sources it was showed that WHITE and MACKAY are also geographical names, i.e. WHITE is an island in South-East England, MACKAY isrepparttar 119308 name ofrepparttar 119309 town inrepparttar 119310 State of Idaho (USA) andrepparttar 119311 name ofrepparttar 119312 town in Australia. Also data about popularity ofrepparttar 119313 mark WHITE &MACKAY were supplied, namely, that WHITE & MACKAY Scotch whiskey had been produced since 1844 and enjoyed by consumers all overrepparttar 119314 world. Additionally numerous registrations of said trademark throughoutrepparttar 119315 world were presented torepparttar 119316 Board of Appeals ofrepparttar 119317 Russian PTO which accepted some ofrepparttar 119318 arguments and stated thatrepparttar 119319 opposed andrepparttar 119320 cited marks were similar in view of phonetic and semantic identity thereof, with high degree of visual similarity.

Some ofrepparttar 119321 services in Classes 35,39,42 are related torepparttar 119322 realization of goods, and in view of high degree of similarity ofrepparttar 119323 compared marks, a consumer may misunderstand that all these services and goods belong to one andrepparttar 119324 same producer. Having considered allrepparttar 119325 groundsrepparttar 119326 Board of Appeals satisfiedrepparttar 119327 opposition and canceledrepparttar 119328 registration of "Frino " Ltd. partially by deletingrepparttar 119329 services in Class 35related to advertising, services in Class 39 related to transportation, delivery and storage of goods, services in Class 42 related to restaurants, hotels and realization of goods.

Unmarried couples could defend their relationships.

Written by James Wood

A power of attorney is a legal document that allows you to dictate who you would like to make decisions on your behalf. While there are many useful purposes for a power of attorney, they are especially important to unmarried couples, which live together, when a partner becomes incapacitated and unable to make decisions. In such situations,repparttar law usually designatesrepparttar 119293 incapacitated person's next of kin asrepparttar 119294 decision maker. With a power of attorney, unmarried couples can give their partnersrepparttar 119295 power to make such decisions.

Powers of attorney can be as general or specific as you decide. You can give your partnerrepparttar 119296 power to make decisions on your behalf at any time or only when you become incapacitated. You can also dictate what types of decisions you are authorizing your agent to make. A health care power of attorney (also referred to as a durable power of attorney for health care, medical power of attorney, health care proxy and appointment of health care agent of surrogate) would authorize your partner (or other agent) to make decisions about your medical treatment and dictate who you would like to be able to visit you while receiving medical treatment.

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