06.01.2022

The Chamber for Patent Disputes of Rospatent refused to satisfy the claim of the American Coca-Cola, which wanted to cancel the registration of six trademarks related to the Fantola brand.

Chernogolovka Group of Companies produces carbonated soft drinks, chocolate, chips, and popcorn under the Fantola brand. The trademarks were registered in 2019–2020.

According to Coca-Cola, the Fantola marks mimic their Fanta brand, which is protected since 1966.

According to Chernogolovka, Coca-Cola’s actions are pressure using a dominant position as a method of competition.

Thus, in Russia, more than ten trademarks were registered in the category “Drinks”, where the word “Fanta” appears in one way or another – “Fantoria”, “Fantanita”, “Fantik”, etc. However, Coca-Cola paid attention only to the registration of the Chernogolovka Group of Companies – due to competition between the companies. According to Euromonitor International, “Chernogolovka” occupies 4.6% of the Russian market, Fanta – 3.3%. In the first place is the Coca-Cola drink with a share of 19.2%.

As part of the consideration of the case, Chernogolovka cited data from an online opinion poll among 1.5 thousand consumers. According to the results, 92% of respondents do not have an association between Fanta and Fantola, and 93% can uniquely distinguish trademarks, excluding the possibility of confusion when buying, 94% noted visual and sound differences. In addition, Chernogolovka Group of Companies submitted to the Chamber for Patent Disputes the expert opinions of the Guild of Linguists and the Union of Designers of Russia, according to which the mixing of signs is excluded.

After the refusal of Rospatent, Coca-Cola has the right to go to court.