The economic court of Kiev satisfied the claim of the confectionery Roshen Corporation vs the Ministry of economic development and trade and the state enterprise “Ukrpatent”, obliged to recognize the confectionery Corporation intellectual property rights for the use of red ribbons of different colors with logo and without the cakes. The decision was published in the single court registry on 6 June.
The court invalidated the display of “Ukrpatent” and the decision of the Appeals chamber of economic development, which in 2017 denied registration red tape as a trademark, because “such broad rights to a specific color does not correspond to the interests of society” and could lead to “the creation of undue economic dominance on a particular market of goods or services to one manufacturer”.
After the registration of the trademark Roshen may prohibit the use of red ribbon for cakes other manufacturers.
“Ukrpatent” and economic development may appeal the decision in court, but has not yet filed an appeal.
Roshen confectionery Corporation was created by the ex-President of Ukraine Petro Poroshenko in 1996. It is composed of two confectionery factory in Vinnitsa, factories in Kyiv, Kremenchuk and Lipetsk (production in Russia’s Lipetsk stopped in January 2017), the Klaipeda confectionery factory in Lithuania, Hungarian company Bonbonetti Choco Kft, and maslomolochny the plant “Bershadmoloko” (Vinnitsa region).
During the election campaign in 2014, Poroshenko promised to sell the company if he becomes President. After winning the election for the sale of Roshen company was invited Rothschild. However, to make a deal and failed. Poroshenko explained that this is due to the beginning of hostilities in the East of Ukraine. The President declared that the assets of the Roshen him are not controlled, they are controlled by a “blind trust”.