Brands Update - May 2016

TRADEMARKS: Zero tolerance to non-use of trademark

While one of the beverage giants is fighting for  Zero trademark rights on the other side of the Atlantic, Ukrainian brewers are fighting for Ukrainian version of zero trademark. Yet, the focus of battle in Ukraine differs. The recent court decision in Carlsberg Ukraine vs. First Private Brewery trademark cancellation case has given an important reminder for trademark owners that the top importance for judges is to see and touch a real product for which a trademark is registered, while other evidences are less significant. However, now it seems to be only a part of the test that the Ukrainian courts expect to implement in the future. The court currently wants to not only see a sample of the trademarked product, but also expects to receive evidences, which confirm that it was brought to the relevant market for consumers.