Client: A Canadian manufacturer of vodka products under the trademark Partizan.
Defendant: LLC “HAMMER MARKET,” the owner of the trademarks “PARTISAN” and “ПАРТИЗАН.”
Case Overview
The client approached Polikarpov Law Firm after receiving a provisional refusal for the registration of the trademark Partizan in Ukraine. The refusal was based on the existence of previously registered trademarks “PARTISAN” and “ПАРТИЗАН,” owned by LLC “HAMMER MARKET.”
A legal analysis revealed that the specified trademarks had not been used in Ukraine for over five years, which under Ukrainian law is grounds for early termination of trademark rights. Polikarpov Law Firm initiated litigation to terminate these trademarks and pave the way for the registration of the Partizan trademark.
Client’s Objective
- Early termination of the Ukrainian trademark certificates for “PARTISAN” and “ПАРТИЗАН” due to non-use.
- Resumption of the trademark registration procedure for Partizan in Ukraine.
Case Complexity
- The defendant’s trademarks covered a broad range of goods under Class 33 of the Nice Classification (alcoholic beverages), requiring thorough evidence collection to establish non-use.
- Proving non-use required substantial evidence, including official responses from government agencies, distributors, and retail chains.
- The litigation process necessitated interim measures to protect the client’s rights by suspending the trademark application’s examination during the case review.
- The defendant’s absence from court hearings significantly delayed the case proceedings.
Polikarpov Law Firm Strategy
- Legal analysis and strategy development: Identifying grounds for early termination of the defendant’s trademarks.
- Interim measures: Filing a court motion to suspend the client’s trademark application examination until the dispute was resolved.
- Evidence collection: Obtaining official responses from government bodies, expert opinions, and confirmations from distributors and retail chains proving the absence of goods under the disputed trademarks in the market.
- Litigation: Successfully representing the client’s interests and proving the non-use of the trademarks by the defendant.
Lawyers Involved
- Anton Polikarpov – Managing Partner, attorney, represented the client in court.
- Anastasiia Shevchuk – Senior Associate, coordinated interim measures and evidence collection.
- Vladyslav Zhuravlov – Associate, developed the legal strategy and managed interactions with government bodies.
Outcome
On July 30, 2024 Polikarpov Law Firm successfully obtained a court decision for the early termination of the trademarks “PARTISAN” and “ПАРТИЗАН.” This allowed the firm to submit the court’s decision to the IP Office to resume the examination process of the client’s trademark application and secure its registration.
