In Ulan-Ude did not support the claim "Centubuv"
On February 16, due to the absence of violations, the Antimonopoly Service of Buryatia decided to terminate the proceedings in the case initiated on the fact of the unfair use of the Tsentrobuv trademark.
The case was opened last autumn. The Moscow CJSC "Trading House" CenterObuv "filed a complaint about unfair competition in relation to two individual entrepreneurs. They, according to representatives of the Moscow company, used the trademark without their consent.
Copies of the certificate for the trademark, the conclusion of the patent attorney of Russia, as well as photographs showing the designation "Tsentrobuv" used in Ulan-Ude on store signs, information signs on store facades, billboards, and shoebrush packages were presented as proof.
However, during the consideration of the case, the OFAS came to the conclusion about the fair use of the designation “Tsentrobuv” by the IP. The fact is that the Moscow "TD" CenterObuv "began to carry out activities for the sale of footwear and related products in Ulan-Ude since April 2011. The CenterObuv trademark was registered by him in 2010. And individual entrepreneurs of Ulan-Ude used the designation "Tsentrobuv" earlier - from 2003 to September 2010.
“Thus, there was no competitive relationship between the defendants and the applicant on the same product market within the boundaries of Buryatia and Ulan-Ude during the period when the IP designation“ Tsentrobuv ”was used,” the OFAS officers concluded.
Accordingly, the possibility of misleading consumers during the period of using the IP designation "Tsentrobuv" was excluded. In addition, the defendants in the case presented other evidence of the fair use of the controversial designation, the press service of the Buryat OFAS Russia reports. Writes about this baikal-daily.ru.
On February 16, due to the absence of violations, the antimonopoly service of Buryatia decided to terminate the proceedings in the case instituted in connection with the unfair use of the trademark ...
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