The Appeal Chamber of the Ukrainian National Office for Intellectual Property and Innovations (UKRNOIVI) upheld legal protection of the DZIKA KACZKA trademark for Class 33 goods under the Nice Classification, including alcoholic beverages and vodka. The attempt by Bacardi & Company Limited to block the international registration of the combined mark owned by our client, Bzk Tm Sp. z o.o., was fully rejected.
The dispute surrounding the DZIKA KACZKA trademark unfolded in several stages. Initially, Bacardi filed an opposition against the international registration of our client’s trademark in Ukraine. In response, the IPSTYLE team prepared a well-reasoned position, which resulted in a decision in favor of the trademark’s registration. However, the opponent subsequently appealed to the Appeal Chamber, and IPSTYLE once again joined the defense of the client’s interests. We prepared a comprehensive legal position and presented our arguments directly at the hearing. As a result, the Appeal Chamber upheld our position, confirming the legal protection of the DZIKA KACZKA trademark in Ukraine.
The opponent argued that the client’s trademark did not meet the requirements for legal protection due to its alleged similarity to earlier trademarks registered by Bacardi & Company Limited, and it’s GREY GOOSE trademark specifically. It also claimed that the label featuring a bird over water and a natural landscape, along with the bottle design and overall trade dress, could create the impression that DZIKA KACZKA is an extension or sub-brand of GREY GOOSE vodka. Additionally, the opponent asserted a risk of misleading consumers as to the product’s origin.
However, the IPSTYLE team prepared and submitted a well-reasoned response in support of the international registration, which was found to be substantiated. Upon review of the case materials, it was established that the marks do not share any phonetically similar elements: they differ in the number of letters, contain no similar-sounding syllables, and are distinct in pronunciation and overall perception.
Furthermore, the client’s mark is of Polish origin, which is clearly distinguished in perception from the French brand. Moreover, a "dzika kaczka" as a "mallard" (commonly referred to as a "wild duck") and a "grey goose" are different birds; even for consumers without ornithological knowledge, the trademarks convey entirely different semantic meanings.
From a visual standpoint, IPSTYLE also demonstrated multiple differences, including bottle design and other graphic elements.
The Appeal Chamber reached a practical conclusion for businesses: the "atmosphere" of packaging is insufficient to establish similarity where the key brand elements differ. The panel confirmed that DZIKA KACZKA and GREY GOOSE are distinct phonetically, semantically, and visually, and that the images of a duck and a goose do not create a likelihood of confusion.
