Roshen unable to register TM Crabs in dispute with Russia's confectionery

UNIAN
Photo from UNIAN

The case was considered by the EU General Court, which delivered its verdict on February 7, 2018, the news outlet Liga.net said.

Read alsoRoshen selling Mariupol confectionary's propertyEarlier, Krasny Oktyabr also failed to prove that its sweetmeats under ТМ "Rakovye Sheyki" ("Crayfish Tails") look similar to the Crabs candies produced by Roshen.

The EU General Court by its separate decision dismissed the claim that the two candy labels are similar.

According to the materials of the case, as early as 2013, Roshen filed an application with the European Union Intellectual Property Office (EUIPO) for the registration of the trademark in red, yellow and white colors for the Crabs brand.

A year later, Krasny Oktyabr filed a notice of opposition to the application for protection of the international registration in respect of the Ukrainian sweetmeats.

The Russian confectionery claimed that Roshen Corporation would violate intellectual rights with regard to the previously registered brand of "Rakovye Sheyki" sweetmeats labeled in red, white and black colors. In addition, according to the Russian side, the visual image of a crab on the Ukrainian candy wrappers could easily be confused with that of a crayfish depicted on the wrappers of Russian-made sweetmeats.

In 2015, the Russian side's claim was rejected. This was based on the argument that the design of the Ukrainian-made candy wrappers does not violate intellectual property rights in relation to the Russian confectioners, as crabs and crayfish are different species, as well as the colors on the wrappers are different. Therefore, it is quite difficult to confuse the said candies of the two manufacturers.

By a decision dated August 11, 2016, the First Board of Appeal of EUIPO annulled the Opposition Division's decision and refused the contested international registration protection in the European Union.

As a result of years in dispute, both Roshen and Krasny Oktyabr failed to defend their rights to the trademarks. Now they both must pay the legal costs.