Now the Cabinet is obliged to register his right of ownership of the mark.
The economic court of Kiev satisfied the claim of the confectionery Corporation “Roshen” against the Ministry of economic development and the state enterprise “Ukrpatent” for “the registration of the mark in the form of red materials for packing of confectionery products”, according to “Nashi Groshi” referring to the corresponding resolution. Now the Cabinet is obliged to accept and register for the “Roshen” intellectual property right on the sign.
Under this sign covered with plastic and plastic films, paper, adhesive tapes, threads, ropes to wrap and stuff. Thus “Roshen” has decided to reserve the right to pack products in the red elements with the hope that this will allow customers easier to recognize the product. Before SE “Ukrpatent” and the appeals chamber of the Ministry of economic development “Roshen” was denied, but the court granted the manufacturer the right.
In the Ministry of his refusal argued that, firstly, buyers are poorly oriented on the color of the packages when you go shopping. Second, if someone appropriates a monopoly right to use a specific color, you will also be able to personally use and its shades, thus hurting the capabilities of other manufacturers.
It is noteworthy that the commercial court took into account the results of the survey of the centre of social technologies “sociopolis”, according to which 90% of the respondents associate the red ribbon with a certain manufacturer. Of these, slightly more than 70% – with the products of “Roshen”. It turns out that the judge did not pay attention to the fact that almost 20% of respondents associate the red ribbon with other manufacturers.