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Sony Corporation fails to register “SxS” trademark in Russia

Created on Friday, 28 October 2011 14:32

In November 2010 Rospatent (official patenting body) refused registration of the brand name for the goods in class 9 (date storage devices). The company appealed to Patent Disputes Board claiming the name to be not merely a combination of letters, but a formula consisting of two variables and a multiplication sign. Moreover, this brand had been used for more than three years, individualizing flash cards for Sony professional video cameras. Trademarks “SxS PRO” and “SxS LITE” were successfully registered before.

Nevertheless, Patent Disputes Board decided that the claimant failed to prove that the brand had got distinctiveness before the claimed date of priority and that “SxS”memory cards were sold in Russia, forming consumers’ mental association with Sony Corporation. Previously registered trademarks have more elements along with non-distinctive ones.

Thus the case was dismissed and the previous decision of Rospatent was supported.