The court corroborated the refusal issued by Rospatent in respect of AVATAR brand registration for perfume

Moscow Arbitration Tribunal corroborated the refusal issued by Rospatent in respect of AVATAR brand registration for a Russian producer of perfumes that is “Parfumeriya of the XXI century” LLC, RAPSI agency was informed at the court.

Thereby the court refused to satisfy the claim of “Parfumeriya of the XXI century” LLC.

In April of 2011 Rospatent refused to register the trademark as it reproduces the name of the famous movie “AVATAR”, the director is James Cameron. The Office believes that AVATAR designation registration may contradict the public interests as “Parfumeriya of the XXI century” makes use of others reputation for its purposes: the designation associates with the producer of the movie that is 20th Century Fox, as a result “it will make an impression that there is a partnership between the perfumery company and the film company”.

In its turn “Parfumeriya of the XXI century” LLC at the court called the decision of Rospatent non-grounded. In his opinion, the Office had not proved what kind of public interests would be broken.

Moreover, the plaintiff noted that there is a prohibition to register trademarks that are identical to names of creations without permission of the  holders of copyright for the name. However, if there are no rights to the name, this regulation is not applied, believes the representative of the company.  

20th Century Fox was involved to the court trial. This was done in accordance with the request of Rospatent, as the trial proceedings could infringe the company’s interests. 

“Parfumeriya of the XXI century” LLC has been operating for about ten years and being the big Russian producer of perfumery of the classes as: “mass market” and “middle market”, designated on the site of the company. Clients of the enterprise are retail chains, big regional wholesale companies and retail outlets in the cities of Russia and in the CIS countries. The range of the goods produced includes more than 200 items. “AVATAR”, the series of perfume for men is presented on the site of the company.