In Ulan-Ude did not support the claim "Centubuv"
17.02.2012 1752

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 on the case of unfair use of the Tsentrobuv trademark.

The case was opened last fall. Moscow CJSC Trading House CenterObuv filed a statement on unfair competition in respect of two individual entrepreneurs. They, according to representatives of a Moscow company, used the trademark without their consent.

In evidence, copies of the trademark certificate, the conclusions of the patent attorney of Russia, as well as photographs depicting the designation “Centrobuv” used in Ulan-Ude on store signs, information signs on store fronts, billboards, and shoe brush shoe packaging were presented.

However, in the course of the consideration of the case, the OFAS came to the conclusions about the fair use of the designation “Centrofoot” by the IP. The fact is that the Moscow "CenterObuv" TD began to carry out activities on the sale of shoes and related products in Ulan-Ude since April 2011. The trademark "TsentrObuv" was registered by him in 2010 year. And individual entrepreneurs of Ulan-Ude used the designation “Centrifuge” earlier - from 2003 of the year to September of 2010 of the year.
“Thus, there was no competitive relationship between the defendants and the applicant on the same product market within the borders of Buryatia and Ulan-Ude during the period of using the SP“ Centrobuv ”designation,” concluded the FAS staff.

Accordingly, the possibility of misleading consumers during the period of using the IP designation “Centrobuv” was excluded. In addition, the defendants in the case presented other evidence of the fair use of the disputed designation, the press service of the Buryat OFAS Russia said. About this writes

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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