The perception of trademarks by the average consumer plays a decisive role in their comparison and evaluation

The Supreme Court of Ukraine annulled the decision of the court of appeal and upheld the decision of the court of first instance regarding the non-compliance of the designation “MIRONOFF” with the conditions for granting legal protection. The court noted that the plaintiff’s right to appeal the disputed decision of Ukrpatent in court cannot depend on whether the plaintiff exercised his right to object to the plant’s application at the time of its consideration by the National Intellectual Property Authority.

The decision on registration / refusal to register a trademark is made based on the result of a qualification examination, during which the compliance of the declared designation with the conditions for granting legal protection is checked, and not depending on the presence or absence of objections to the application of interested parties.

Taking into account the fact that the perception of trademarks by the average consumer plays a decisive role in their comparison and evaluation, the local commercial court, in contrast to the court of appeals, came to a legitimate conclusion that the registration of the designation “MIRONOFF” does not meet the conditions for granting legal protection, determined by the Law of Ukraine “On the Protection of Rights to Marks for Goods and Services”, in connection with which the plaintiff has the right to demand the termination of the violation of his rights in court.