The court refused to invalidate the decision of Rospatent on the protection of the Fantola mark
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The Intellectual Property Court rejected the application of the American company The Coca-Cola Company to invalidate the decision of Rospatent dated January 14, 2022, by which the agency left the protection of the Fantola mark in the name of Drinks from Chernogolovka-Aqualife LLC. This was reported by “Interfax” with reference to the file of the court.
On January 23, the Presidium of the Intellectual Property Rights Court overturned the decision of the first instance, which on October 11 last year acknowledged void the January decision of Rospatent on the protection of the Fantola mark. The case was sent back for a new trial to the court of first instance.
As the agency clarifies, the contested decision of the department states that the mark was registered in the State Register of Trademarks and Service Marks of Russia for the period from May 17, 2019 to September 14, 2028 for 32 products, in particular mineral waters and juices, in the name of LLC “Drinks from Chernogolovka-Aqualife”.
The registered trademark is the verbal designation “Fantola” made in the letters of the Russian alphabet. The Coca-Cola Company considered that Fantola is a mimicry for its Fanta drink. In court, the company challenged the registration of six trademarks. Rospatent refused to do so.
In early March, against the backdrop of the start of the Russian military operation in Ukraine, Coca-Cola suspended operations in Russia. In June Coca-Cola announced on the termination of the production and sale of drinks in Russia.
Read more about what is happening on the Russian market of carbonated drinks in the material “Kommersant” “Soda just got sweeter”.
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