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MasterCard Wins Russian Trademark Dispute; Rospatent Issues Review of 2012 IP Rulings

Friday, April 5, 2013
MOSCOW--The Russian Federal Service for Intellectual Property (Rospatent) on April 3 released a summary of its rulings and related court cases in connection with IPR protection matters.

The agency focused on measures aimed to recognize intellectual property rights and give adequate protection to IPRs of businesses, it said. Rospatent also prioritized measures to deter IPR infringement and hold infringers responsible for their illicit actions, the summary said.

The agency noted a series of court rulings in 2012 that upheld decisions of Rospatent. Notably, the Russian Supreme Arbitration Court barred a local entity from using the “Vacheron Constantin” trademark, upholding Rospatent's decision in favor of the international trademark owner.

Overall, Russian courts upheld 466 out of 504 contested decisions of Rospatent in connection with trademark disputes in 2012.

Mastercard Registers 'Moneysend' Mark
Earlier this week, the IPR agency released a ruling in favor of a major U.S. business. In a decision dated March 28 and released on April 2, the Chamber of Patent Disputes of Rospatent ruled in favor of MasterCard's request to register the “MasterCard Moneysend” mark.

On Sept. 29, 2011, MasterCard requested to register the trademark, and on October 9, 2012, Rospatent approved the trademark's registration in Russia. But the regulator argued the that word “moneysend” should remain an unprotected part of the trademark.

On Dec. 10, 2012, MasterCard filed objections against the decision and requested Rospatent to amend its decision. Subsequently, Rospatent's Chamber of Patent Disputes accepted MasterCard's arguments. The Chamber stated that the disputed trademark met the requirements set forth by Section 1, Article 1483 of the Russian Civil Code, and allowed the word to remain a protected part of the trademark.


Text of Rospatent's summary, in Russian, at http://www.rupto.ru/rupto/nfile/c7e9e217-9ac3-11e2-c002-9c8e9921fb2c/analit_sp_sud.pdf

Text of MasterCard decision, in Russian, at http://www.fips.ru/pps/28_03_13/2012%D0%9202092_29.0.213.pdf

By Sergei Blagov

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