X5 Group is trying to defend its brands “Green Line” and “Chef Perekrestok” in court

On August 18, Perekrestok (part of X5 Group) filed a lawsuit with the Intellectual Property Court in defense of Chef Perekrestok, its own trademark (STM). She is experiencing difficulties with the registration of rebranding results with Rospatent due to similarities with other marks. Earlier in August, the department refused to register the Chef Perekrestok trademark under the 32nd class of the International Classification of Goods and Services, which concerns the sale of non-alcoholic and low-alcohol drinks. The representative of Rospatent pointed out that there is a high degree of similarity between the designation “Chief Perekrestok” and two other trademarks (“Chef” and “Chef Mors” of other companies) in the same category of goods, which may cause consumers to confuse them. At the same time, in respect of the 29th and 30th classes (meat, milk, vegetables, etc.), the application was satisfied. X5 Group representative stated that, according to the retailer, the trademark in the style of “Perekrestok” is widely known among consumers and is not associated with competing trademarks.

Changing the color, adding graphic elements do not remove the similarity of the words “Chief” and “Chief” and, according to the rules for registering trademarks, do not provide sufficient distinctiveness, says patent attorney, managing partner of Zuykov and Partners Sergey Zuykov. He believes that Perekrestok will have to obtain the consent of the owners of competing trademarks, or even buy out the rights to them, in order to successfully register the brand in these classes of goods. Zuykov notes that there are a lot of conflicts due to private label retailers in the Intellectual Property Court. “Networks use fairly common words for private labels, because, for example, they are easier to remember, but the more attractive such a word from a marketing point of view, the higher the likelihood that someone is already using it in a similar way, and there may even be several such competitors,” explains the lawyer.