"Zuykov & partners" has achieved a complete early termination of legal protection for the trademark "Ла Пицца La Pizza" in favor of his client "SVANETIYA"
The limited liability company "SVANETIYA", which interests represents the lawyers company Zuykov & partners LLC filed to the Court of intellectual property rights with a claim for early termination of legal protection of the trademark "La Pizza" by certificate No. 389335 due to it non-use.
The plaintiff has been active in the restaurant business, is the owner of a Moscow restaurant "Boyarskiy" and provides services for the preparation of meals and shipping them to the house.
The plaintiff filed an application for registration of the trademark "la Pizza" in relation to the services 41, class 43 of International Classification of Goods and Services , and Rospatent made a decision about the registration of a trademark only in respect of part of the services of class 41 of International Classification of Goods and Services, and in relation to the class 43 services refused to register, thus setting the applied sign of the disputed trademark, which was registered in 2009 in respect of services of class 43 (services eateries, cafes, restaurants, bars services, services for the preparation of meals and deliver them to the house).
Thus, the presence of the trademark “La Pizza" by certificate No. 389335 in respect of services of class 43 of International Classification of Goods and Services was an obstacle for registration of the trademark of the plaintiff and the exercise of economic activities with the use of that trademark.
Trademark № 389335
Our lawyers submitted to the Court of intellectual property rights compelling evidences that the plaintiff has a real intention to use the trademark in its activities and is interested person in early termination of the trademark certified by № 389335.
The court of intellectual property rights estimated all arguments of the plaintiff and all presented evidences, decided to prematurely fully terminate the legal protection of the trademark "La Pizza" by certificate No. 389335.
Thus, the lawyers of the company Zuykov & partners LLC effectively eliminated the obstacles for registration of a client’s trademark, creating conditions for the implementation of client’s successful business with the usage of applied for registration trademark with purpose of individualization of their services.