Google has filed a lawsuit against the Kyiv developer “Real Estate of the Capital” PJSC with the claim to partially cancel the certificate for the Nest trademark.
Google has a division of Nest that makes devices for smart homes (thermostats, smoke detectors, smart acoustics, and intercoms). The corporation wants to obtain legal protection for this trademark in Ukraine, but it was prevented by the previously registered TM of the Ukrainian company.
Google asks the court to annul the certificate in categories 37 (installation of equipment, security systems (alarms, video surveillance), air conditioners and ventilation systems) and 42 (development of software and computer equipment, websites) since “Real Estate of the Capital” does not use TM Nest for of these classes for more than 5 years.
Capital Real Estate was founded in 1997 and has been operating under the Nest brand since 2007.