“ Agrobusiness “ there is a businessPublishing houses “ the Specialized press “ (joint ventures) and Independent Media (IM) continue struggle for the right of use of a trade mark “ Agrobusiness “ (see from February, 8th). The chamber on patent disputes at Rospatent has refused to recognise this trade mark unprotected, thereby having confirmed the rights of the joint venture to it. Now IM can try to prove that has registered the magazine earlier, than the joint venture has registered a trade mark, experts notice.
this week the chamber on patent disputes has sustained objection IM to recognise a sign “ Agrobusiness “ the unprotected. In Rospatent IM has addressed after on February, 26th ID “ the Specialized press “ has submitted the claim to arbitration court of Moscow with the requirement to stop infringement of its rights to a trade mark “ Agrobusiness “. Hearing is appointed to April, 18th.
the publishing house “ the Specialized press “ It is created in 1996. Publishes it is information - the advertising bulletin “ Agrobusiness of the south of Russia “ magazine “ Agrobusiness and the food-processing industry “ a directory “ Agrobusiness “ and a number of other editions. Under own data, turn ID in 2006 has made 4,8 million rbl.
Magazine “ Agrobusiness. Modern strategy, technologies, management “ Open Company " is published; JUnajted the Press “ belonging Independent Media, since December, 2002. The edition turn in 2006, according to the experts, has made about 10 million rbl.
the Demand in Rospatent on registration of trade mark ID “ the Specialized press “ has submitted in December, 2002, simultaneously with an exit of the first issue of the magazine “ Agrobusiness “ published Independent Media. The general director of the joint venture Dmitry Vostrikov does not hide that this coincidence is not casual: “ We since 1996 let out editions with a word ` agrobusiness `, and here at a ministerial exhibition to me bring relizik ` Junajted the Press ` with the announcement of forthcoming number. It was necessary to go only to Rospatent “. As he said, after an exit of magazine IM a turn “ the Specialized press “ has fallen from 8,4 million rbl. in 2003 - m to 4,8 million rbl. in 2006. The councillor of directors IM Michael Dubik has refused yesterday comments.
IM it will be difficult to challenge the rights to a trade mark “ Agrobusiness “ experts believe. “ if the chamber qualitatively gave reason for arguments in favour of protection of existence of signs arbitration court, most likely, will uphold this decision, - lawyer Vadim Uskov speaks. - thus ` agrobusiness ` the joint venture can challenge any combination to a word as similar to mixture degree “.
However IM can apply other tactics: to appeal to the registration certificate of mass-media. “ The joint venture cannot select at IM the certificate on registration of mass-media, - general director ID ` b2b tells Media ` Anna Znamensky. - Under this certificate IM can let out magazine under such name “. It is confirmed also with mister Uskov, noticing that possibility to defend the right to the magazine edition “ Agrobusiness. Modern strategy, technologies, management “ at IM is only in case it has registered the magazine before priority coming into force on a trade mark “ the Specialized press “ - December, 2006.
lawyers not undertake to predict an outcome of such business. Lawyer Alexander Osokin notices that in Russia there are accurate positions of the law and settled pravoprimenitelnoj no practice at collision of the registered name in the certificate on mass-media and the registered trade mark on a printed matter class. At the same time, according to Vadim Uskov, similar disputes in the publishing market arise very often: “ One of the most known cases - dispute for magazine ` Kuzmich ` between ID ` the Interlocutor ` and Open Company ` Father Karlo `, the very first on my memory was dispute for magazine ` Wedding ` “. Both lawyers thus not undertake to predict, on whose party there will be a court - each time courts make different decisions.