FAS considered the complaint of "Stroyelektrosevkavmontazh" to "Corporation AK" ESCM ". The company accuses the rival of unfair competition, which is expressed in the acquisition and use of exclusive rights to the trademark "ESCM". "Corporation AK" ESCM "demanded from "Stroyelektrosecavmontazh "to stop using the designation, as it registered the rights to it in June last year. The case was decided by the Antimonopoly Service in June, lawyers believe that FAS will take the side of the applicant.
According to the attorney of the National Law Company “Mitra”, Alina Zelenskaya, the applicant has a chance to prove a point in court: "Judicial practice shows that in similar cases the actions of the person who registered the trademark can be considered unfair, aimed exclusively at eliminating the presence of third parties in the market of a certain product. If "Stroyelektrosecavmontazh" can prove that the corporation knew that "Stroyelektrosevkavmontazh" at the time of filing the application for registration of the designation "ESCM" as a trademark used the appropriate designation correctly, and if it will be established that the designation "ESCM" is an abbreviation , and the acquisition of the prominence of this designation occurred as a result of the actions of third parties, then it can be considered that the actions of the corporation are an abuse of the law. And they can be considered unfair. However, the final decision will be made by the court ".
Materials were taken from “Kommersant”
