16 JAN 2018

PepsiCo couldn't recognize TM "Lay's" as well-known in Russia

The Russian Federal Service for Intellectual Property (Rospatent) refused the recognition of the combined trademark "Lay's" as well-known in the name of the American company PepsiCo, Inc.

The trademark "Lay's" was registered in Russia in 2005 for the 29th class of the International classification of goods and services.

PepsiCo, Inc. had submitted information that trademark "Lay's" is known in Russia and other countries. The company also provided an information letter about the relationship of the applicant with LLC "Frito Lay Manufacturing", license agreement between them and a number of documents.

Rospatent recognized that the products of TM "Lay's" is world famous, received a very large share on the Russian market of such goods and wide popularity among the Russian consumers thanks to the numerous publications in mass media and intense advertising campaigns.

However Rospatent refused to the applicant on the basis that none of the documents provided confirmed direct participation of the applicant in the production and promotion of the territory of the Russian Federation of products under this TM.

Only declarative PepsiCo’s statement that it is the ultimate beneficiary of the results of the activities of its licensee ("Frito Lay Manufacturing") did not convince the Agency that the activity of this Russian legal entity is carried out exclusively under the full control of PepsiCo.

For example, in promotional materials and on the product can't be found any reference to the applicant, that is, it is not known how the Russian average consumer could find the association these goods with the applicant, noted in Rospatent.