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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