TRADEMARKS: Two sagas on non-use trademark cancellation come to
an end but set homework for trademark owners
The long-lasting dispute over
"NULYOVKA" trademark cancellation in the case of
Carlsberg Ukraine vs. First Private Brewery
has long been on our radars. Apparently, by its
recent decision, the High Commercial Court of Ukraine has put an
end to the battle. A few months before the above decision in the
NULYOVKA dispute, the high-profile MTS TeleSystems and MTS Ukraine
vs. MTS LLC trademark cancellation case also ended.
These cases are an important message to
brand owners to that effect that a diligently established evidence
of a trademark use is critical for recognising its validity.
Currently, the availability of an evidence of merchantability of
trademarked goods (i.e. availability of trademarked goods in
retail) seems to be determinative to courts. Both cases also
illustrate perfectly well that the Ukrainian courts are wary of
accepting an evidence of a
