Our client, Object Control LLC, filed an application for the registration of the combined COMUNAL trademark. During the examination, another company filed an opposition, arguing that COMUNAL was confusingly similar to their trademark "Комуналка" (eng. Comunalka) and therefore should not be registered.
For our client, obtaining trademark protection was strategically important: COMUNAL is part of the Object Control product ecosystem, a line of innovative digital solutions widely used in the utilities sector, financial services, and other industries.
Our task was:
- Prepare a well-reasoned response to the opposition.
- Demonstrate that the signs are not similar, that there is no likelihood of confusion, and that the parties operate in different markets and serve different user groups.
Based on a comprehensive analysis of similarity, semantics, and homogeneity of services, we prepared a comprehensive response containing the following elements:
1. Analysis of the client's use of the COMUNAL sign
We described the client's activities, confirming: active use of the COMUNAL designation in commercial activities; the availability of a comprehensive line of software products with corporate identity; a wide audience of users.
2. Proof of Visual, Phonetic, and Semantic Differences
We demonstrated that the signs are fundamentally different:
- the term "комуналка" (eng. utility bill) is a widely used everyday word in Ukrainian, not a fantasy or distinctive element;
- COMUNAL, by contrast, is perceived as a coined, imaginative term with a different meaning;
- the graphic components reinforce the semantic and visual distinctions between the marks.
We showed that the products and services offered under each sign: serve different functional purposes; are intended for different categories of users; possess different technical characteristics; offer different functionality and address different market needs.
The Examiner fully accepted the position prepared by IPSTYLE and issued a positive decision, allowing the COMUNAL trademark to be registered for all the goods and services originally applied for.
This decision enabled our client to:
- continue developing the COMUNAL product without interruption;
- secure full and reliable protection for the COMUNAL brand.
This case demonstrates that even when an opposition is filed, a well-crafted legal strategy, in-depth analysis, and strong professional argumentation make it possible to successfully defend the client’s rights and obtain trademark protection.
