As a result, successfully represented the interests of the Corporation "Roshen" partner of law firm "Kartushin Partners", patent attorney of Ukraine - Lucky Igor, April 28, 2017 decision of the Appeals Chamber of the State Intellectual Property Service of Ukraine, the combined mark "Kiev The Cake" was recognized as well known in Ukraine with regard to PAT "Kiev confectionary factory" Roshen "for the goods of 30 class of MKTU:" cakes "as of 24.08.1991.
Turning to the theory, it is worth noting that a well-known (well-known) can be recognized as a trademark or designation that is intensively and for a long period of time used in Ukraine, due to which it has gained wide popularity among consumers in relation to goods and / or services of a certain face.
The history of the production of cakes under the trade mark "KIEVSKY CAKE" originates in the distant 1956, it was on this date that their production was started with the use of the unique patented recipe of the Kiev confectionery factory "Karl Marx", the assignee of which at the moment is PAT "Kiev Confectionery Factory Roshen.
Before the Appeals Chamber of the State Intellectual Property Service of Ukraine in the place of the arguments in favor of the recognition of the trade mark "Kyiv cake" well-known it has been given a huge amount of evidence to support the establishment and production of cakes even before the date of Ukraine's independence, massive volumes of production and sales, proof of active sales throughout Ukraine, a high degree of fame and recognition among consumers.
"Kyiv cake" is not only popular for the Ukrainian consumer dessert is the calling card of the capital and gastronomic souvenir that tourists from all over the world are trying to buy and give as treats his family, friends and colleagues.
After gaining the status of the well-known trademark "KIEVSKY CAKE" at PAT "Kyiv confectionary factory" Roshen "as its owner, a number of rights appeared, which is typical only for well-known brands, among which:
- The owner of a well-known trademark has the right to demand the prohibition of its use, even if only the dominant component of such a trademark is the object of violation.
- The status of a well-known brand increases its value as an intangible asset.
- The legal protection of a well-known trademark extends also to goods and services that are not homogeneous with those for which the trademark is recognized as well-known.
- For a well-known trademark, its validity period is not established, unlike usual registrations.
- and others.