SURVEY LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of June 27, 2008 No. 01-8/383/1

About practice of application by economic courts of the legislation on protection of the rights to intellectual property items

(on the materials considered in cassation procedure by the Supreme Economic Court of Ukraine)

According to the procedure of information and for accounting in hearing of cases the overview of the disputes over the cases connected with protection of the rights to intellectual property items on which judgments are reviewed in cassation procedure by the Supreme Economic Court of Ukraine solved by economic courts of Ukraine is sent.

1. The certificate on sign for goods and services can be nullified in case of discrepancy of sign to the conditions of its registration determined by the legislation existing for date of application.

The company appealed to economic court with the claim for recognition of the invalid international registration of trademark in Ukraine in connection with its discrepancy to conditions provided legal okhranyna date of application the corresponding designation was similar so that it can be confused with the trade name of the claimant known in Ukraine.

By the decision of economic court left without changes by the resolution of Economic Court of Appeal satisfaction of the claim it is refused for motive of lack of legal causes for recognition of invalid international registration of trademark. Degrees of jurisdiction with reference to the Civil code of Ukraine (further - the Civil Code of Ukraine) and the Law of Ukraine "About protection of the rights to signs for goods and services" came to conclusion that the trademark corresponds to conditions of provision of legal protection.

By results of consideration of the writ of appeal on case the Supreme Economic Court of Ukraine noted the following.

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