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Elena, the daughter of Yury Gagarin, has lost a case in the Chamber on patent disputes against Moscow shopping and entertainment mall "Gagarinsky". She had demanded to deprive OOO "Gagarinsky torgovo-razvlekatelnyi centr" (“Gagarinsky shopping and entertainment mall”, limited company) of the right to the trademark with the same name, but nevertheless, Rospatent officials have not found any ground for satisfaction of her claim.

The trademark in question - RU442186 - has been registered to OOO "Gagarinsky torgovo-razvlekatelnyi centr" in August, 2011 relating to the services in classes 35, 36 and 39 of the Nice classification (rent of the areas for advertising placing, the organisation of exhibitions, tenancy of the real estate, covered parking, warehouses). The inscription “Gagarinsky torgovo-razvlekatelnyi centr” is made in red letters, also a graphic element is present: a stylised figure of a star combined with a yellow triangle and a red polygon. All verbal elements of the trademark are unprotected.

However Elena Gagarina has regarded the mall’s name as a derivative of a surname of her famous father therefore having decided to deprive the company of the right to the trademark. On December, 26th 2012 she has sent to Chamber on patent disputes the plea, claiming that the mark was registered without the permission from Yury Gagarin's successors. As the plea states, the registration of the mark has infringed the personal non-property right that had formerly belonged to the specified person, and is now protected by his successors. The shopping mall’s name causes "unequivocal steady associations" with Gagarin's name - "the person who has made the first space flight on April, 12th, 1961". Thus the Claimant stressed that the verbal element "Gagarinsky" dominates in a designation registered and consequently cannot be stripped of its separate legal protection.

Trademark holder has disagreed with these arguments and insisted that the shopping centre had received the name due to its placement in the vicinity of Gagarin's Square and Gagarinsky automobile tunnel in Moscow. "Throughout its entire existence "Gagarinsky" shopping mall has never used Yury Gagarin's name, or his image – whether for numerous advertising campaigns, or in the interior and exterior design, or anywhere else", - the objections of the legal owner stated.

The latter arguments seemed to be more convincing to the Chamber on patent disputes. "It is impossible to come to a definite conclusion that the verbal element "Gagarinsky" will cause unequivocal associations with Yury Gagarin's person, as it has a larger semantic value: there are a city named Gagarin, a large Gagariny family clan of princely ancestry", - is told in the Chamber’s conclusion. Gagarinskaya street in St.-Petersburg (that was known under this name long before the first space flight), Gagarinskyi municipal district in Moscow and the abovementioned square were also recalled along with many other toponyms.

No infringements of the personal non-property rights of successors of the first spaceman cosmonaut have been also found. As the document states, "neither in the disputed trademark, nor in the economic activity of "Gagarinsky" shopping mall there are any elements related to the space exploration".

Source: http://pravo.ru/news/view/84395/