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On July 4, 2022, the Presidium of the IPC announced its support for the verdict of the first-instance IPC, which had previously denied the Moscow-based PAO City's request to invalidate Rospatent's decision of April 21, 2021. The decision had been to deny the inclusion of the designation "Moscow-City" in the list of well-known trademarks in Russia.
The complaint filed by PAO City was dismissed. The law defines a well-known trademark as a designation that has become recognizable through prolonged or active use. This applies both to the trademark itself, the products sold under it, and the owner.
Along with well-known trademarks, legal protection is also provided for certain goods. These are variants that are similar to those for which they are considered well-known. This provision does not apply to standard trademarks. The validity of a well-known mark is not limited by any specific period. Registrations of standard trademarks remain valid for a 10-year period.
On July 21, 2021, based on an application filed by PAO City, the Intellectual Property Court (IPC) refused to recognize the decision made by Rospatent on December 18, 2020, as valid. Based on this decision, state registration of the "Moscow City" trademark in the name of this company was denied. The decision made by the IPC of first instance remains valid as of October.
PAO City, initially known as JSC, was registered in the spring of 1992 to oversee the construction of the Moscow-City International Business Center (MIBC) and its future operations. Construction of the center had been planned since 1991. Information about PAO City's ultimate beneficiaries has not been disclosed.
We have previously published materials on this topic:
Litigation between City Management Company and Rospatent
Rospatent and registration of the Moscow City trademark
The Moscow City brand was not recognized by the court as well-known.
