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Shopping center “Chkalovsky” retains its name

Created on Sunday, 01 February 2015 00:05

The Intellectual Property Rights Court has dismissed a claim of Olga Chkalova, the daughter of the famous Russian pilot Valery Chkalov, to deprive the Perm company “Faund”, LLC. (Perm is the city in Russia), of its right in a trademark “Chkalovsky” used for the network of shopping centers. Valery Chkalov was a Soviet pilot who was the first ever person who made a flight from the USSR to the USA via the North Pole in 1937. In the Court, Olga Chkalova together with the Chkalov Memorial and Charity Fund has appealed the decision of the Chamber on Patent Disputes of the Russian Patent and Trademark Office (Rospatent) which has dismissed their opposition previously.

The applicant party has claimed in the Chamber on Patent Disputes that the registration of the disputed trade mark was conducted in violation of the Russian legislation specifying that designations misleading a consumer and being identical to a surname, name or pseudonym of a well-known person could not be registered as a trade mark without a permission of this person or heirs thereof. However, according to the applicant party, consent for using the name “Chkalovsky” has not been obtained from the relatives of Valery Chkalov, and the trade mark misleads consumers as the relatives of Chkalov have no relation to it.

The trade mark owner has objected that “Chkalovsky” is not similar to “Chkalov” phonetically, and, furthermore, originates not from the surname of the pilot but is associated with a geographical name, since the first shopping center of the trading network has been set up in the Chkalov street in Perm.

The Rospatent has decided in favor of the respondent with stating that only a legitimate heir may challenge the registration of a trade mark. However, Olga Chkalova submitted merely the birth certificate which under the Russian legislation could not serve as a document confirming her heirship. The Intellectual Property Rights Court has further refused on the same grounds to reverse the decision of the Rospatent. This decision has not been still challenged.

The similar case relating to the trade mark “Gagarinsky” is currently under consideration in the Intellectual Property Rights Court, where the daughter of Yuri Gagarin appealed against the decision of the Rospatent (http://www.patentica.com/en/news/213-the-daughter-of-the-first-spaceman-could-not-deprive-qgagarinskyq-shopping-mall-of-its-name). In the first instance, the Court decided in favor of the applicant; however, this decision was appealed by the Rospatent, and the case with the “Gagarinsky” trade mark has not been completed yet.

Source: http://pravo.ru/review/view/114394/