IPStyle specialists protected the interests of the confectionery company and facilitated the conclusion of the amicable agreement

2018-08-19

IPStyle was applied for a help by the widely known Hungarian manufacturer of confectionery products – the company titeled Bonbonetti Choko Edeshipari Kft. As being the holder of exclusive property rights to the trademark “BONBONETTI” under international registration, the company received a provisional refusal as to the relevant registration in Ukraine. The reason for the provisional refusal was the similarity of the trademark with ‘BON-BONETTI’ trademark, previously registered on the territory of Ukraine in the name of another Ukrainian manufacturer of confectionery products. After conducting an investigation regarding the use of the opposing trademark on the territory of Ukraine, it turned out that the trademark was not used by its holder. This investigation became the starting point for company’s rights protection.

Decision

IPStyle lawyers represented the interests of the Hungarian company in court. The strategy of the client’s rights protection was based on the early termination of the opposing trademark due to its non-use. Although the primary burden of proof in cases regarding early termination of trademarks due to its non-use lies with holders of such trademarks, IPStyle lawyers, following adversarial principle of judicial proceedings, have provided the court with sufficient evidence confirming the non-use of the opposing trademark by its holder. During judicial proceedings, the parties decided to settle the dispute. In turn, IPStyle lawyers facilitated the process of negotiations between the parties and the conclusion of the amicable agreement. According to the agreement, the legal dispute was resolved through the assignment of exclusive property rights to the opposing trademark from its previous holder to the Hungarian company.

Result

Rights and interests of Bonbonetti Choko Edeshipari Kft. were effectively protected. IPStyle lawyers  developed the strategy to overcome the provisional refusal as to the company’s trademark registration, namely by the way of early termination of the opposing trademark in court procedure due to its non-use by the previous owner. After the court proceedings were initiated, the opposing party, having evaluated the actual circumstances of the case and the evidence provided by IPStyle lawyers, agreed to settle the dispute amicably. The amicable agreement was signed, and the company became the holder of the disputed trademark.