The Intellectual Property Rights Court of Russia upheld the settlement agreement and terminated the proceedings, in which the plaintiff Chistaya Liniya LLC (Clean Line) requested the early termination of the legal protection of a number of trademarks owned by the Dutch Unilever N.V. on the territory of Russia.
Chistaya Liniya is a Russian manufacturer of ice cream, dairy products, and sweets. The company also has several branded cafes.
At the end of 2019, the Russian company Chistaya Liniya applied to Rospatent to register a brand of the same name for packaging materials, confectionery, soft drinks, advertising, and a number of other categories of goods in classes 30, 35, and 43.
However, Rospatent refused to register because of the similarity with previously registered TM in the name of Unilever.
In the spring of 2020, the Russian company filed a lawsuit with the aim of early termination of legal protection of seven trademarks in respect of some goods and services in classes 05, 16, 30, 32, 35, 42, 43 due to their non-use.
Under the terms of the settlement agreement, Unilever will ask Rospatent by December 25 to exclude a number of goods and services from the list of classes 30, 32, 42, and 43, for which its trademarks are registered. These include categories such as soft drinks and cocktails, cocoa and confectionery, and food and beverage services including café, restaurant, and cafeteria services.
Also, Unilever grants its consent to register the previously applied trademark to the Chistaya Liniya company.
In turn, Chistaya Liniya pledged to pay Unilever 2000 euros within five days thereafter. Changes to the registration data of the trademarks will be carried out at the expense of the Chistaya Liniya company. It also waives the claims for the early termination of the legal protection of trademarks in relation to goods and services that are not mentioned in the amicable arrangement.