As a result of the monitoring of the trademarks filed for registration in Ukraine, the IPStyle client – a world-renowned manufacturer of tobacco products – found a sign confusingly similar to his trademark and filed for registration for the same goods.
In fact, the disputed designation was a “variation” of the client’s trademark. That is, on the one hand, it was formally different, but on the other hand, it evoked associations with a famous client’s trademark. As a result, in the process of such a sign use, consumers could have erroneous conclusions about the expansion of the product line of known tobacco products, or about the collaboration of two manufacturers.
In order to protect the client’s rights, IPStyle’s attorneys collected the necessary legal arguments and filed an opposition against the registration of the conflicting trademark. It has also been demonstrated in detail that the impugned sign is capable of mimicking a customer’s trademark despite minor phonetic differences.
As a result of consideration of the opposition by the expert, a preliminary and subsequent final refusal in trademark registration of the infringer was issued.