Efes Breweries International NV, a famous beer company,
filed a trade mark application 2014735627 for
Золотая
Бочка
Шаболовское
(Golden Barrel from Shabolovka). The patent office examiner
refused the application arguing that the claimed designation
could not be registered because it contained the word
"Shabolovka" which is a street in Moscow. According to the
examiner, the presence of this word creates associations with
Moscow while the applicant is located in the Netherlands. Thus,
this designation could confuse consumers with regard to the
producer of the goods, namely his location.
The applicant appealed the decision of the patent office at
the Chamber of Patent Disputes. The Chamber confirmed that
indeed Shabolovka is a street in Moscow known from the 18th
century. This street became famous in Moscow because a state TV
company built a complex of buildings with a tall TV tower
there. At the same time, while investigating this issue deeper
the Chamber of Patent Disputes found that the beer
Золотая
Бочка
Шаболовское
is produced by Moscow-Efes Brewery JSC one of whose founders is
the applicant. In doing so, the share of the applicant in the
authorised capital is 70% which allows him to have full control
over the Moscow brewery.
Beer marked by the claimed designation is yet another
product in the beer line of the producer, such as
Золотая
Бочка (Golden Barrel) according
to certificate numbers 186479 and 477418 and international
registrations 1191714 and 1028900 whose right owner is the
applicant and who issued a licence to Moscow-Efes Brewery JSC
for the production of beer. These are pictured.
The Chamber of Patent Disputes found that the time span and
amounts of production of the beer labelled with the trade marks
Golden Barrel show that the consumer will perceive the beer
labelled Золотая
Бочка
Шаболовское
(Golden Barrel from Shabolovka) as continuation of a line of
beer known to him. There is more to it. The documents submitted
by the applicant showed that the consumer already knows the
beer labelled with the claimed designation and there is no
evidence that consumers are confused with regard to the
producer or place of production of that beer.
Hence, the Chamber of Patent Disputes saw no obstacles for
registration of the claimed designation in respect of the goods
in class 32.
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