Zuykov and partners Defended the Right Holder of “Vyazanka” and Secured Cancellation of the “Svyazochka” Trademark

The Intellectual Property Court considered case No. SIP-825/2025 on the application of JSC “Starodvorskie Sausages” seeking to invalidate the decision of Rospatent dated 09.06.2025, which had denied the opposition against the grant of legal protection to trademark certificate No. 940080 (“Svyazochka”).

The applicant was represented by Zuykov and Partners. JSC “VkusVill,” the owner of the disputed trademark, was involved in the case as a third party and supported Rospatent’s position.

The trademark “Svyazochka” (priority date 13.01.2023) is registered in respect of goods in Class 29 of the Nice Classification. Previously, JSC “Starodvorskie Sausages” filed an objection with Rospatent, alleging non-compliance with paragraphs 3 and 6 of Article 1483 of the Civil Code of the Russian Federation.

The applicant argued that it is the owner of the well-known trademark “Vyazanka,” as well as a series of trademarks containing this element. In its view, the signs “Vyazanka,” “Vyazanochka,” and “Svyazochka” form in consumers’ perception a product line of a single manufacturer, which does not correspond to reality and is capable of misleading consumers as to the origin of the goods.

However, Rospatent concluded that there was no likelihood of confusion, referring to phonetic, visual, and semantic differences between the marks, as well as the absence of a risk of misleading consumers.

The Intellectual Property Court, while agreeing that certain differences exist between the marks, nevertheless found the analysis conducted by Rospatent to be incomplete. In particular, the authority, having identified differences, failed to properly assess the combination of similarity factors and did not determine which features - similarities or differences - are decisive for consumer perception.

The panel of the IP Court concluded that there is a certain degree of similarity between the contested designation and the applicant’s cited trademarks, and also confirmed that the relevant goods in Class 29 are homogeneous.

A significant factor in the case was the status of the “Vyazanka” designation as a well-known trademark. The court recalled that under paragraph 3 of Article 1508 of the Civil Code of the Russian Federation, legal protection of a well-known trademark may extend to dissimilar goods if the use of a similar designation is capable of causing consumers to associate it with the right holder and affect its legitimate interests.

Additional evidence of the likelihood of confusion was provided by the results of a sociological survey, according to which a significant proportion of consumers perceive goods under the “Vyazanka” and “Svyazochka” designations as originating from the same source.

In addition, the court found that registration of the “Svyazochka” trademark does not comply with subparagraph 1 of paragraph 3 of Article 1483 of the Civil Code of the Russian Federation, as it is capable of misleading consumers regarding the manufacturer of the goods.

As a result, the Intellectual Property Court granted the claims of JSC “Starodvorskie Sausages,” declared Rospatent’s decision of 09.06.2025 invalid, and cancelled the legal protection granted to trademark certificate No. 940080, ordering Rospatent to make the corresponding changes to the State Register.