"Trails & Decision of Russian House of Patent 2009"

Inventions

Chamber Board on patent disputes of RosPatent (further - Chamber on patent disputes) according to point 3 of article 1248 of the Civil code of the Russian Federation (further SC the Russian Federation) and Rules of giving of objections, statements and their considerations in Chamber on the patent disputes, confirmed by the order of RosPatent from 22.04.2003 № 56 and registered in the Ministry of Justice of the Russian Federation 08.05.2003 №4520 (further - Rules HPT), has considered the objection submitted firm the SHELL of INTERNATIONAL RISERCH MAATSHAPPY B.V. (Further - the applicant), arrived in federal enforcement authority on intellectual property 23.04.2008, on the decision of Federal institute of the industrial property (further - FIPS) about refusal in delivery of the patent for the invention under the application № 2004119408/03 (021043), the following is thus established. The invention «Expanded pipes with blocked trailer sites» which set of signs is stated in the formula of the invention which have arrived in federal enforcement authority on intellectual property in additional materials from 20.11.2008 is declared.

Considering stated, the chamber board on patent disputes has solved: to satisfy objection from 23.04.2008, to cancel the decision of examination from 19.10.2007, and to grant the patent of the Russian Federation for the invention under the application № 2004119408/03 (021043).

Chamber Board on patent disputes in an order established by point 3 of article 1248 of a part of 4 Civil Codes of the Russian Federation, installed from 01.01.2008 according to the federal Law from 18.12.2006 (further the Code) and Rules of giving of objections and statements and their considerations in chamber on the patent disputes, confirmed by the order of RosPatent from 22.04.2003 № 56,Registered in the Ministry of Justice of the Russian Federation 08.05.2003, registration № 4520 (further – Rules HPT), USA LLC », the USA (further - the applicant), arrived in chamber on patent disputes 29.07.2008 has considered objection of firm« CADBERRY ADAMS, on the decision of Federal Agency of intellectual property, patents and trade marks (further - RosPatent), about refusal in delivery of the patent for the invention under the demand № 2004120279/13, is thus established.

The following. The group of inventions "Way of a high-speed covering of cores of confectionery products" which set of signs is stated in the specified formula of the invention presented 24.05.2007 is declared.

Considering stated the Chamber on patent disputes has solved: to refuse satisfaction of the objection which have arrived 29.07.2008, decision of RosPatent from 24.01.2008 to uphold.

The Chamber on patent disputes in an order established by point 3 of article 1248 of a part of the fourth Civil code of the Russian Federation, installed from 01.01.2008 according to the Federal law from 18.12.2006 № 231-FZ, and Rules of giving of objections and statements and their considerations in Chamber on patent in the Ministry of Justice of the Russian Federation 08.05.2003, to the disputes, confirmed by the order of RosPatent from 22.04.2003 № 56, registered registration № 4520, with changes from 11.12.2003 (further – Rules HPT), has considered the objection from 18.12.2007, submitted firm "Colgate-Palmolive Company", the USA (further – the applicant) on decision FSU "Federal institute of the industrial property of Federal Agency of intellectual property, patents and trade marks" (further – FIPS) about refusal in delivery of the patent from 14.06.2007, is thus established

The following. The group of the inventions which set of signs is stated in the formula of the invention corrected by the applicant and presented to the correspondence, arrived in FIPS 03.05.2007 is declared

Considering stated the Chamber on patent disputes has solved: to refuse satisfaction of objection from 18.12.2007, examination decision to uphold.

Utility models

Chamber on patent disputes in an order established by point 3 of item 1248 by a part of the fourth Civil code of the Russian Federation, installed from 01.01.2008, according to the Federal law from 18.12.2006 № 231-FZ and Rules of giving of objections and statements and their considerations in Chamber on the patent disputes, confirmed by the order of RosPatent from 22.04.2003 № 56, registered in the Ministry of Justice of the Russian Federation 08.05.2003 № 4520 (further – Rules HPT), has considered objection of JSC company "Bank URALSIB" (further – the person, the submitted objection), arrived in federal enforcement authority on intellectual property 14.07.2008 against delivery of the patent of the Russian Federation on useful model №60916, the following is thus established. The patent of the Russian Federation for useful model №60916 "Packing of paper monetary denominations" it is given out under the application №2006135339/22 with a priority from 06.10.2006 addressed to Belogo A.M.

Considering stated, the Chamber on patent disputes has solved: to satisfy objection from 14.07.2008, the patent of the Russian Federation for useful model №60916 to nullify completely.

Chamber on patent disputes in an order established by point 3 of article 1248 of a part of the fourth Civil code of the Russian Federation, installed from 01.01.2008 according to the Federal law from 18.12.2006 № 231-FZ (further – the Code), and Rules of giving of objections and statements and their consideration in Chamber on the patent disputes, confirmed by the order of RosPatent from 22.04.2003 № 56, registered in the Ministry of Justice of the Russian Federation 08.05.2003 № 4520 (further – Rules HPT), has considered objection of Open Company "Phillip Morris Sejlz End Marketing" (further – the person who has submitted objection), arrived in chamber on patent disputes 27.01.2009, against delivery of the patent of the Russian Federation on useful model № 61513, is thus established the following.

The patent of the Russian Federation for useful model № 61513 "Minicigarette" is given out under the application №2006136276/22 with a priority from 13.10.2006 addressed to Ucharova Valery Viktorovicha (further – paralegals)

Considering stated, the Chamber on patent disputes has solved: to satisfy objection from 27.01.2009, the patent of the Russian Federation for useful model № 61513 to nullify completely.

Indusrial designs

The chamber on patent disputes according to Rules of giving of objections and statements and their considerations in Chamber on the patent disputes, confirmed by the order of RosPatent from 22.04.2003 № 56, registered in the Ministry of Justice of the Russian Federation 08.05.2003 № 4520 (further – Rules HPT), has considered objection of the Society with LLC "Operating company" Euro-network "(further - person who has submitted objection), arrived in Federal enforcement authority on intellectual property 18.04.2006, against delivery of the patent of the Russian Federation on the industrial design № 58951 "the Mobile phone.

Considering stated, the Chamber on patent disputes has solved: to refuse satisfaction of the objection which have arrived 18.04.2006 and to uphold patent of the Russian Federation on the industrial design № 58951.

Trademarks

The chamber on patent disputes in an order established by the fourth part of Civil code of the Russian Federation (further – GC Russian Federation, Code), installed from 01.01.2008 the Federal law from 18.12.2006 № 231-FZ, and according to Rules of giving of objections and statements for their considerations in Chamber on the patent disputes, confirmed by the order of RosPatent from 22.04.2003 for № 56, registered in the Ministry of Justice of the Russian Federation 08.05.2003, registration № 4520 (further – Rules), has considered the statement from 24.10.2008 about the prescheduled termination of a right protection of a trademark under the certificate №184329 in connection with its non-use, submitted COMPANY ZERVE DANON, France (further – the person who has put in the statement).

Considering stated the Chamber on patent disputes has solved: to satisfy the statement from 24.10.2008 and ahead of schedule to stop a trademarks right protection under the certificate №184329 partially, having kept its action.

The chamber on patent disputes in an order established by the fourth part of Civil code of the Russian Federation, installed from 01.01.2008 the Federal law from 18.12.2006 № 231-FZ, and according to Rules of giving of objections and statements and their considerations in Chamber on the patent disputes, confirmed by the order of RosPatent from 22.04.2003 №56, registered in the Ministry of Justice of the Russian Federation 08.05.2003 for № 4520, has considered objection from 29.04.2004 against granting of a right protection to a trade mark under the certificate №190449, submitted JSC «Oil company" Lukoil "(Open Society" LUKOIL "), Russia (further — the person who has submitted objection).

Thus, objection arguments about the discrepancy of a trademark under certificate №190449 requirements of point 1 of article 7 and point 2 of article 6 of the Law.

According to the above-stated the Chamber on patent disputes has solved: to satisfy objection from 29.04.2004 and to recognize a trademark right protection under the certificate №190449 void completely.

Chamber on patent disputes in an order established by a part of the fourth Civil code of the Russian Federation, installed from 01.01.2008 the Federal law from 18.12.2006 № 231-FZ, and according to Rules of giving of objections and statements and their considerations in Chamber on the patent disputes, confirmed by the order of RosPatent from 22.04.2003 for № 56, registered in the Ministry Justices of the Russian Federation 08.05.2003, registration № 4520 (further – Rules), has considered the statement from 19.05.2008. The specified statement is submitted by company J Procter & Gamble Company, the USA [The Procter and Gamble Company, U.S.A.] (further — the person who has put in the statement) about the prescheduled partial termination of a right protection of the combined trademark with a verbal element "Parfumel" under the certificate № 257412 in territory of the Russian Federation in connection with its non-use.

According to stated the Chamber on patent disputes has solved: to satisfy the statement from 19.05.2008, ahead of schedule to stop a trademark right protection under the certificate № 257412 partially, having kept its action

The chamber on patent disputes in an order established by Rules of giving of objections and statements and their consideration in Chamber on patent disputes, confirmed by the order of RosPatent from 22.04.2003 №56, registered in the Ministry of Justice of the Russian Federation 08.05.2003, registration №4520 (further law of PPS), has considered the statement from 02.07.2007, submitted JSC "Wimple-communications", the Russian Federation (further — JSC "Wimplecom") about a recognition of the combined trademark under the certificate №292749 well-known in the Russian Federation. Taking into account the presented fact sheet it is possible to draw a conclusion on common knowledge from 01.06.2007 a trademark under the certificate №292749, used JSC "Wimple-communications" concerning rendered services 38 classes ICTS - «communication, including cellular communication; message transfer and images with use of means of a mobile telephony».

Being guided by the Parisian convention, the Law and Rules OI, the chamber on patent disputes has solved: to satisfy the statement from 02.07.2007 and to recognize a trademark under the certificate №292749 well-known in the Russian Federation from 01.06.2007 concerning services 38 classes ICTS - «communication, including cellular communication; message transfer and images with use of means of a mobile telephony».

Chamber on patent disputes in an order established by a part of the fourth Civil code of the Russian Federation, installed from 01.01.2008 the Federal law from 18.12.2006 № 231-FZ, and according to rules of giving of objections and statements and their considerations in Chamber on to the patent disputes, confirmed by the order of RosPatent from April, 22nd, 2003 № 56, registered in the Ministry of Justice of the Russian Federation on May, 08th, 2003, № 4520 (further – Rules HPT), has considered objection from 11.04.2008 against granting of a right protection to a trade mark under the certificate №343911, submitted Open Society “Football club" Baltic " ”, the Russian Federation (further – the person who has submitted objection).

Thus, the bases for a conclusion that trademark registration under the certificate №343911 concerning services 41 classes MSTU - «education in preschool centres; the information concerning education and formation; the information concerning rest; the information concerning entertainments; training to practical skills; the organization and carrying out of seminars» contradicts requirements of point 3 of article 7 of the Law are absent.

According to the above-stated, the Chamber on patent disputes has solved: to refuse satisfaction of objection from 11.04.2008 and to uphold a trade mark right protection under the certificate №343911.

Chamber on patent disputes in an order established by Rules of giving of objections and statements and their consideration in Chamber on patent disputes, confirmed by the order of RosPatent from 22.04.2003 №56, registered in the Ministry of Justice of the Russian Federation 08.05.2003, registration № 4520, has considered objection from 08.09.2006, submitted Open Society "Experimentally-cannery" Lebedjansky », Lebedjan town (further – applicant), on the decision of examination on refusal in trademark registration under the application № 2005720468/50.

Thus, the Chamber board on patent disputes does not have bases for granting to the declared designation of a right protection in territory of the Russian Federation concerning the goods 29, 30, 32, 33 classes MCTU. № 2005720468/506

Concerning arguments of the representative of the legal owner, containing in a separate opinion from 12.12.2006, it is necessary to notice that the given arguments do not contain any other information different from the information, stated in objection materials in this connection does not demand the additional analysis.

According to the above-stated, the Chamber on patent disputes has solved: to refuse satisfaction of objection from 08.09.2006, to uphold the decision of examination from 27.06.2006.

The Chamber on patent disputes in an order established by the fourth part of Civil code of the Russian Federation, installed from 01.01.2008 the Federal law from 18.12.2006 № 231-FZ, and according to Rules of giving of objections and statements and their considerations in Chamber on the patent disputes, confirmed by the order of RosPatent from 22.04.2003 №56, registered in the Ministry of Justice of the Russian Federation 08.05.2003 for № 4520, has considered objection from 22.10.2007 against granting of a right protection to a trade mark under the certificate №315405, submitted JSC «Oil company" Lukoil "(JSC" LUKOIL "), Russia (further — the person who has submitted objection).

Thus, about discrepancy of a trademark under the certificate №315405 requirements of point 3 of article 6 of the Law should recognize objection arguments proved.

According to the above-stated the Chamber on patent disputes has solved: to satisfy objection from 22.10.2007 and to recognize a trademark right protection under the certificate № 315405 void completely.

The chamber on patent disputes in an order established by Rules of giving of objections and statements and their consideration in Chamber on patent disputes, confirmed by the order of RosPatent from 22.04.2003 № 56, registered in the Ministry of Justice of the Russian Federation 08.05.2003, registration № 4520, has considered objection from 30.06.2006, submitted JSC «the Trading house of Central Department Store, Moscow (further - the applicant), on the decision of examination of the declared designation under the application № 2006707283/50.

Thus, the above-stated allows to draw a conclusion that a verbal element "Central Department Store" of the declared designation corresponds to requirements of point 1 of article 6 of the Law and point 2.3.2.3 of Rules, and,

Hence, the independent right protection as a part of the declared designation can be given it.

According to the above-stated the Chamber on patent disputes has solved: to satisfy objection from 30.06.2006, to change the examination decision from 22.05.2006 and to register the declared designation under the application № 2006707283/50.

The chamber on patent disputes in an order established by a part of the fourth Civil code of the Russian Federation, installed from 01.01.2008 the Federal law from 18.12.2006 № 231-FZ (further - the Code), and according to Rules of giving of objections and statements and their considerations in Chamber on the patent disputes, confirmed by the order of RosPatent from 22.04.2003 №56, registered in the Ministry of Justice of the Russian Federation 08.05.2003, registration №4520, with the changes brought by the order of RosPatent from 11.12.2003 № 164, by registered Ministry of Justice of the Russian Federation 18.12.2003, registration № 5339 (further – Rules PPS), has considered objection from 24.09.2008, submitted company Nissan Jidosya Kawasaki Kaisya (trading also as Nissan Motor Co., Ltd.), Japan, on the decision of Federal Agency of intellectual property, patents and trademarks on refusal in the state registration of a trade mark under the demand №2006723577/50.

Considering stated the Chamber on patent disputes has solved: to satisfy objection from 24.09.2008, to cancel the decision of Federal Agency of intellectual property, patents and trade marks from 20.06.2008, to register the declared designation as a trademark.

Chamber on patent disputes in an order established by the fourth part of Civil code of the Russian Federation, installed from 01.01.2008 the Federal law from 18.12.2006 № 231-FZ, and according to Rules of giving of objections and statements and their considerations in Chamber on the patent to the disputes, confirmed by the order of RosPatent from 22.04.2003 № 56, registered in the Ministry of Justice of the Russian Federation 08.05.2003, registration № 4520 (further – Rules), has considered objection from 08.07.2008 on the decision of Federal Agency of intellectual property, patents and trade marks (further – RosPatent decision) from 01.04.2008 about refusal in the state registration of a trademark under the application № 2007717140/50, submitted company CONCEPT PRODUIT, Sp. Zed. o.o, 61-625, Poznan, str. Havelanska 1, Poland (further – applicant).

Considering stated, the Chamber on patent disputes has solved: to satisfy objection from 08.07.2008, to cancel the decision of RosPatent from 01.04.2008 and to register a trade mark under the application № 2007717140/50.