of December 23, 2008 No. 01-8/735
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. In hearing of cases about early termination of action of the certificate of Ukraine on sign for goods and services in connection with non-use of registered trademark more than three years economic courts should consider that proofs which can confirm uses of sign for goods and services shall be limited three-year-old for up to day of the appeal of the claimant to court.
The firm appealed to economic court with the claim to trade and production corporation for early termination of action of the certificate of Ukraine on sign for goods and services taking into account non-use of registered trademark in Ukraine without valid excuse more than three years.
The claim is satisfied with the decision of economic court of the first instance with reference to instructions of item 4 of article 18 of the Law of Ukraine "About protection of the rights to signs for goods and services". At the same time the economic court does not take into account the proofs submitted the claimant on use of disputable trademark, considering their not accessory.
The resolution of the Trial Court is cancelled by the resolution of Economic Court of Appeal, claims are satisfied. In reasons for the resolution by economic court of appellate instance it is specified that the trade and production corporation gives enough competent evidences in confirmation of use of sign for goods and services during the period from the moment of registration of disputable trademark and until consideration of the corresponding case by economic court.
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