Russian factory notes that the visual image of a crab on the Ukrainian sweets can be confused with cancer, depicted on the label of caramels Red October. Photo: Zakaz.ua
Roshen Corporation are unable to register the trademark and intellectual property rights candy Crabs (“Crabs”).
Opponent of Ukrainian pastry – Russian factory “Red October” – believes that candy Crabs (Crustaceans) are easily confused with Russian Rakoviny tails. However, the General court of the EU a separate decision denied the similarity of the labels of the two types of candies, says Liga.net.
In 2013 Roshen applied to the Management of intellectual property the European Union (EUIPO) for registration of the trademark in red, yellow and white for the brand Crabs.
A year “Red October” opposed the registration of the Ukrainian sweets. Russian confectioners believe that the Corporation Roshen thus violate the intellectual property rights of previously registered brand cancer of the cervix. Russian label candy made in red, white and black. In addition, the visual image of a crab on the Ukrainian sweets can be confused with cancer, depicted on the label of Russian caramels.
In 2015, the statement by the Russian confectioners rejected. Saying that the packaging design candies of the Ukrainian production does not violate the intellectual property rights of Russian confectioners. After all, crabs and lobsters different animals and colors on the labels are different.
In 2016, the First appeal Board EUIPO decided not to renew consideration.
Thus, no Chocolate, no “Red October” failed to defend their right to the trademark. Now each of them must pay court costs.
The Antimonopoly Committee of Ukraine fined Civil 219 thousand UAH for the fact that the packaging cake production similar to the products of Roshen. In addition, Roshen stated that the right for the labelling of cakes sign “Kiseki cake” on the territory of Ukraine belongs only to them.