Simbat disputes the order of FAS on the termination of use of the trademark Umka – the record holder for illegal use

The supplier of toys and children's goods Simbat is challenging in the Arbitration Court of Moscow the order of the FAS administration to stop using the brand Umka and the drawing of the white bear for children's household chemicals.

Earlier, a competitor of Simbat, the manufacturer of household chemicals Belaya Manufaktura, complained to the FAS about the use of the brand and the similarity of the labels of the two companies. In May 2023 the Moscow department of the FAS decided that the products of Simbat imitated the appearance of the goods of the Belaya Manufaktura, fining the violator 500,000 rubles and issuing an order to stop the release of goods with violations.

Both Simbat and Belaya Manufaktura had Umka trademarks, but in 2022 Rospatent recognized the provision of legal protection for several dozen such trademarks as invalid. The trademark Umka is a record holder for illegal use, according to the representative of Soyuzmultfilm: last year more than 20 designations were challenged.

In the case of the companies Simbat and Belaya Manufaktura, Soyuzmultfilm managed to enter into a license agreement for the use of the character for a number of goods.

Having analyzed the message of the Federal Antimonopoly Service, it can be concluded that the subject of the infringement order was primarily a similar label, notes patent attorney, managing partner of the company Zuykov and Partners Sergey Zuykov. At the same time, Belaya Manufaktura was able to prove that it has been using products with such a design since 2016, while Simbat has been using it since 2021, said Ruslan Gafurov, senior lawyer, head of dispute resolution practice at the Nevsky IP law firm. Most likely, it was this circumstance that became decisive for the FAS.

Zuykov believes that the court is unlikely to overturn the decision of the Federal Antimonopoly Service, since the authorized body made its decision based on the conclusion of the expert council on the application of legislation, it is a collegial body with a large number of experts. The decision can be changed only if Simbat proves that since 2021 its products have acquired a significant market share and now ordinary consumers associate this packaging with Simbat, and not with Belaya Manufaktura, sums up Gafurov.

Source: Vedomosti