LLC "Oil-Transport Company "Rosneft" has filed a lawsuit against Oil Company "Rosneft" with the requirement to recover compensation in the amount of 5 million rubles for the trademark "Rosneft" illegal use. The claimant appealed against the decision of the arbitration court of the Altai Republic on February 29, "Oil-Transport Company "Rosneft" complaint will be considered.
December 09, 2014 Office of the Federal Antimonopoly Service for the Republic of Altai recognized illegal use of the "Oil-Transport Company "Rosneft" designations, confusingly similar to trademarks, rightholder of which is the Oil Company "Rosneft" as the act of unfair competition. The company was issued a determination to change the brand name ("Oil-Transport Company "Rosneft") as well as to remove all physical media (canopy upper face plate, filling station dispenser) images, letters confusingly similar with the trademarks of the oil company.
Rospatent has found that figurative element on the "Oil-Transport Company "Rosneft" plates in the form of a curvilinear bar which are confusingly similar to the Oil Company “Rosneft” trademark. Moreover the verbal element "Oil-Transport Company "Rosneft" is confusingly similar to verbal and combined trademarks of the plaintiff as associated with them as a whole due to the phonetic/semantic identity and graphic similarities of common verbal element.
The Oil Company "Rosneft" locates registered in Rospatent trademarks at filling stations for a long time so they associate with a specific participant of economic turnover (i.e. the claimant) and goods/services. "Therefore the illegal use by the defendant of trademark data and confusingly similar designations was carried out to bring to your gas station plaintiff's customers", - said the arbitration court. Arbitration drew attention to the homogeneous similarity of images with Oil Company’s trademarks placed on shelters, advertising tower, fuel dispensers and other structural elements of the defendant’s filling station.
According to the "Oil-Transport Company "Rosneft" the plaintiff's reference to the Office of the Federal Antimonopoly Service in the Altai Republic decision does not confirm the fact of rightholder’s trademark use. The defendant considers that he did not allow the use of designations confusingly similar to trademarks and symbols used by Oil Company "Rosneft" as the designation of the "Oil-Transport Company "Rosneft” does not resemble separately by verbal and figurative elements and therefore are not similar in the aggregate.