Rus News Journal

At Nestle has deteriorated “ Appetite “

from - for clonings of trade mark Maggi

Yesterday the Arbitration court of Moscow has accepted to consideration the second claim of company Nestle to Rospatent. This time dispute concerns a trade mark “ Magik “ registered in 2003 the Ekaterinburg company “ Appetite “. According to the world giant, it copies brand Maggi under which Nestle lets out broths and seasonings. Experts agree that trade marks are really similar to mixture degree, and remind that Nestle has already legal proceedings with Rospatent concerning another “ a clone “ - a trade mark “ nestik “.

the Swiss company Nestle has opened the representation in Moscow in April, 1995. Is engaged in manufacture of coffee, chocolate, baby food, culinary production and caramel. In Russia the company has 14 manufactures, including factory on manufacture of culinary production under brand Maggi in situated near Moscow Zhukovsky­. Cumulative turn Nestle in 2007 has made 97,1 mlrd dollars, indicator EBIT - 13,6 mlrd dollars, net profit - 9,6 mlrd dollars

the Food company “ Appetite “ it is based in Ekaterinburg in 1999. The company is engaged in manufacture and realisation of products of fast preparation under a brand “ the Fast spoon “.

Yesterday the Moscow arbitration court has registered claim NÀ40 - 58182/ 08 from company Nestle about a recognition void decisions of Rospatent from August, 19th, 2008. The respondent on business also passes the personal computer “ Appetite “ to which posesses the rights to a trade mark “ Magik “ in a category 42 MKTU (quality assurance, consultations professional, cafe, restaurants). In Nestle assure that the brand visually to mixture degree is similar to a logo of trade mark Maggi. In June, 2007 Nestle tried to cancel this trade mark, having submitted objection to Rospatent. Company arguments were considered in department about one year, as a result of the Swiss company have refused satisfaction of objection. To Contact a personal computer management “ Appetite “ yesterday it was not possible.

the Regional adviser concerning company intellectual property “ nestle Russia “ Larissa Lysenko has confirmed daily that the company challenges in a judicial order the Chamber decision on patent disputes of Rospatent, however from the further comments has refrained. It already the second claim Nestle to Rospatent. Now in consideration there is a business begun in the summer of this year, in which frameworks the decision on refusal to cancel a trade mark " is challenged; nestik “ registered TPS “ Ost - the Union “.

“ Usually the Rospatent blocks occurrence of clones on world famous brands “ - the head of lawyer board " marks; Uskov and partners “ Vadim Uskov. As he said, in similar affairs when the respondent tries to parasitize on recognition of a brand of the claimant, registering a similar trade mark in other class, the claimant usually wins. “ Maggi - very recognised and expensive brand, its cost - some tens millions dollars, at us are one of leaders of the market. The court should not have questions “ - the director of company Minale Masterbrand Alexey Goncharenko supports upravljajushy.

Interlocutors daily notice that the companies similar Nestle, as a rule, insure themselves, registering a trade mark in all classes in which would not like to see “ clones “. “ So, “ Baltic “ in due time registered a trade mark in a category “ condoms “ - remembers g - n Uskov. He considers that such measure - the intermediate stage, and the company statement in Rospatent about a recognition of the trade mark well-known should become following step.