Client
Kaufland Dienstleistung GmbH & Co. KG (Germany), operator of a leading European hypermarket chain and owner of an extensive portfolio of K-formative trademarks including K-CLASSIC and K-BIO
Opposing client name
LLC KENELL (Ukraine), applicant of the trademarks K-BOX, K-FIRE, and K-JACKET
Opposing client counsel (firm and individual)
N/A
Title of case
Kaufland v. KENELL: Strategic Assessment and Pre-Opposition Resolution Concerning K-Formative Trademarks in Ukraine
Details of case and your firm’s role in it
Polikarpov Law Firm represented Kaufland Dienstleistung GmbH & Co. KG in a pre-dispute trademark matter concerning three Ukrainian applications filed by LLC KENELL: K-BOX, K-FIRE, and K-JACKET, all covering Classes 17 and 35. The confronted marks shared a structural similarity with Kaufland’s K-CLASSIC and K-BIO trademarks, raising concerns of brand dilution and potential confusion, especially in relation to unspecific retail services listed in Class 35.
Kaufland did not have sufficient evidence of trademark use in Ukraine, which would have limited the strength of a formal opposition. Polikarpov Law Firm conducted a thorough comparative assessment, reviewed the opponent’s business activities, and evaluated grounds for opposition under Ukrainian law – emphasizing the series argument, similarities in goods/services, and the visual formula of the signs.
The firm advised against formal opposition due to (i) moderate similarity, (ii) absence of use in Ukraine, and (iii) KENELL’s position that the marks were filed as word marks only without any stylization and would be used solely for premium insulating materials. Instead, Polikarpov Law Firm initiated a constructive settlement approach and sent a formal letter to KENELL proposing peaceful coexistence based on visual distinctiveness and branding separation.
Following dialogue and written exchanges, KENELL confirmed their intention to avoid consumer confusion and rejected the need for a coexistence agreement. Polikarpov Law Firm concluded that the risks of immediate infringement were low, and formal opposition was not pursued. The matter was closed with a final reservation of rights letter sent to the applicant, preserving Kaufland’s legal position and monitoring rights.
Individuals involved
Anton Polikarpov: Managing Partner, led risk assessment and settlement strategy
Anastasia Shevchuk: Senior IP Associate, handled trademark comparison, correspondence, and client coordination
Industry sector/technology
Retail and Consumer goods
