Acquisition of the distinctive character for trademark in Russia
In July 2013 the Japanese multinational company Brother Industries Ltd filed an application for word trademark «DCP» registration. In June 2015 Rospatent made a decision to refuse the registration indicating that the claimed designation does not have the distinctive character due to the fact that it is a combination of letters that do not have the verbal nature. In September 2015 the applicant filed an objection in which has expressed his disagreement with the decision and asked to cancel the decision on refusal.
In turn, the applicant restricted the list of claimed goods of Class 09, namely: Printers; scanners [data processing equipment]; multifunctional device for use in copying, printing, scanning and/or transmission of documents and images”. The applicant pointed out that with respect to the refined list of goods the claimed designation has acquired a distinctive character as a result of its widespread and active use before the filing. In support of the arguments documents proving acquired distinctiveness were presented.
The collegium of the Chamber for Patent Disputes reviewed the documents presented and agreed that the claimed designation as a result of a long and active use by the applicant has acquired a distinctive character in relation to the adjusted list of goods of Class 09 of the Nice Classification.