Russia: Line of products and “Golden Barrel”
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Russia: Line of products and “Golden Barrel”

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.

biriulin.jpg

Vladimir Biriulin

Gorodissky & Partners

Russia 129010, Moscow

B. Spasskaya Str

25, stroenie 3

Tel: +7 495 937 6116 / 6109

Fax: +7 495 937 6104 / 6123

pat@gorodissky.ru

www.gorodissky.com

more from across site and ros bottom lb

More from across our site

High-earning businesses place most value on the depth of the external legal teams advising them, according to a survey of nearly 29,000 in-house counsel
Kilpatrick Townsend was recognised as Americas firm of the year, while patent powerhouse James Haley won a lifetime achievement award
Partners at Foley Hoag and Kilburn & Strode explore how US and UK courts have addressed questions of AI and inventorship
In-house lawyers have considerable influence over law firms’ actions, so they must use that power to push their external advisers to adopt sustainable practices
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Counsel say they’re advising clients to keep a close eye on confidentiality agreements after the FTC voted to ban non-competes
Data from Managing IP+’s Talent Tracker shows US firms making major swoops for IP teams, while South Korea has also been a buoyant market
The finalists for the 13th annual awards have been announced
Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Gift this article