TRADEMARKS: Well-known mark by default
On 10 March 2015 a notification on the recognition of two
trademarks as well-known for the goods in class 33(sparkling wine,
champagne, carbonated wine)
("Trademarks") was published in the
Promislova Vlasnist' official bulletin (SK:
official Gazette of the Ukrainian Trademark and Patent Office). One
of the major Ukrainian wine producers
("Producer") owns the aforementioned
well-known Trademarks. The Trademarks include a word, which is
protected in the EU as a geographical indication for sparkling
wines produced in the Southeast Piedmont (Italy)
("Brand").
It is an unprecedented situation when the decision to
recognise a trademark well-known is based on a default
judgment. In our opinion, such practice may expose owners
of well-known brands to significant legal risks. As a consequence,
both management of legal risks associated with such practice and
the development of a legal strategy for counteraction to such
practice come
