Ice cream makers argue over the trademark

On March 25, the Chamber for Patent Disputes will consider the appeals of Novosibirsk Khladokombinat OJSC (Novosibholod) regarding the trademarks "Plombir" and "Plombir with chocolate chips". Currently, Slavitsa Ice Cream Factory LLC is the rightholder of the "Plombir" and "Plombir with chocolate chips" trademarks. The trademarks also include an image of a polar bear.

Novosibholod may be interested in using similar brands. On February 4, Slavitsa filed a lawsuit with the Moscow Arbitration Court against Novosibkholod, demanding that the trademark infringement be stopped and 50 million rubles of compensation for the violation of rights be collected.

In the fall of 2023, Novosibholod has already applied to the Federal Antimonopoly Service of Mari El with a demand to recognize the acquisition by Slavitsa of exclusive rights to the trademarks "Plombir" and "Plombir with chocolate chips" as unfair competition. The antimonopoly authority found no violations, and the decision was appealed to the IP Court. But even there, Novosibholod also received a refusal. In court, the company claimed that since 2009 it has been producing "Vanilla-scented Plombir" and "Vanilla", the packaging of which is made in similar colors and also contains the image of a polar bear.

Sergey Zuykov, partner of the Zuykov and partners law firm, believes that it is the image of a bear that can be the subject of proceedings in the Patent Dispute Chamber. The words from the Slavitsa trademarks are excluded from protection, he notes. But the expert doubts that the chamber will eventually side with the applicant.

Margarita Legenkina, lawyer for Forward Legal, draws attention to the fact that Novosibholod had previously indicated in one of the proceedings that the designation "Plombir" had lost its distinctive feature, being used by many market participants before registration.

Source: Kommersant