On March 2, 2023, the court of first instance rejected the claim of SpaceX (Space Exploration Technologies Corp.) to LLC “Starlink” in the case regarding the cancellation of the certificate for TM “Starlink” in Ukraine.
The American SpaceX tried to prove that the Ukrainian “Starlink” did not use its trademark during the last five years for all services in classes 37, and 38 and part of services in class 42. The plaintiff claimed that the defendant did not carry out economic activities in the field of electronic communications and activities in the field of space activities.
SpaceX On February 15, 2022, an application was submitted for registration of the trademark “Starlink by SpaceX” in relation to the list of goods of classes 09, 38, and 42.
The court drew attention to the fact that no information about further registration or refusal to register the Starlink by SpaceX trademark was provided by the plaintiff. The case materials also do not contain data on the examination of the application, or the publication of the issuance of the certificate.
Thus, the court decided that the fact of a real violation of his rights was not proven by the American company.
Also, based on the results of the conducted research, an independent expert concluded that there are grounds to believe that the Ukrainian TM “StarLink” is used, at least, for a large list of services in classes 37, 38, and 42.
The American company SpaceX has the right to appeal the court decision.