The regional FAS accepted a complaint from "Myasoptitsekombinat Kanevskaya" to “Sochinsky Meat Processing Plant”. The reason for the claim was a complaint, filed by “Sochinsky Meat Processing Plant” to “Kanevsky” and a number of other companies engaged in the production of sausages, with a demand to stop the production and sale of "Salyami Ministerskaya". “Sochinsky Meat Processing Plant” registered this trademark in 2011. "Myasoptitsekombinat Kanevskaya" saw in the actions of an opponent a violation of the law on competition. Lawyers believe that "Myasoptitsekombinat Kanevskaya» has chances to uphold the rights on the production of “Ministerskaya”, if it proves that its products were sold long before the registration of the trademark.
According with words of Alina Zelenskaya, the attorney of the National Law Company “Mitra”, the judicial practice shows that if the defendant, to whom there was asserted claims for protection of exclusive rights to the trademark, proves that he sold his products long before the registration of the trademark by the plaintiff, then there will be no reasons forbid him and in the future to use the appropriate designation. "Thus, if the “Myasoptitsekombinat Kanevskaya" proves that this name was used in the production of products before the registration of the trademark by “Sochinsky Meat Processing Plant”. and according to the Soviet recipe, it can continue to use the appropriate designation. There are many disputes due to the so-called "Soviet brands." Anyone who managed to register a trademark now threatens with claims to those who did not have time. Although the so-called publicly available names, for example "Zhigulevskoe beer" or "Vologda oil", should not be registered at all, "explained the attorney.
Materials were taken from “Kommersant”
