The disputed trademark belongs to insurance company Metropolis and is registered for such services as advertising and business activities, insurance and financing.
Plaintiff, the owner of trade center Metropolis, represented by the lawyers of Zuykov & Partners, filed an application to register the names METROPOLIS, МЕТРОПОЛИС as trademarks for the specified services. Metropolis trademark registered for another company could be an obstacle for the plaintiff’s economic activities with the use of similar names and could be grounds for refusal of trademark registration.
In accordance with the Civil Code of Russian Federation if the trademark has not been used for any three years after its registration the legal protection of it can be terminated prematurely in regard of all or some goods and services, for individualization of which the trademark is used.
Within this case the plaintiff managed to prove his interest in trademark legal protection termination: events and activities on the premises of Metropolis trade center are advertising and are aimed at the growth of trade center’s shops awareness and trade center awareness. Different activities are held by external parties but on the territory of Metropolis trade center and in the interests of tenants; the plaintiff coordinates such activities, it means that Plaintiff conducts business activities. Besides the plaintiff offers visitors of trade center to purchase Metropolis cards which grant discounts in trade center’s shops: 9% for the amount remaining on the card and 1.5% refundment. This proves the fact that plaintiff renders service of 36 class – that is financing.
The Intellectual Property Protection court evaluated all evidence provided by the parties and concluded to terminate before time legal protection of trademark with verbal element Metropolis under certificate # 163620 in regard to services of classes # 35 (advertising and business activities) and # 36 (insurance and financing) of the International Classification of Goods and Services (MKTU)