The Intellectual Property Office confirmed that Rospatent must register the Moscow City brand. The corresponding application was submitted by PAO City, which manages the aforementioned business center.
The arbitration case file contains the following data: on the first day of the new week, the presidium of the Intellectual Property Court rejected the appeal filed by Rospatent against the July decision of the first instance of the said judicial body.
The new brand is planned to be extended to certain services defined in the global classification. Among the proposed options are:
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construction;
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real estate;
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office space rental;
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education sector;
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leisure activities, etc.
The court partially upheld the claims. The application submitted by City covered numerous goods in Class 3 and services in Class 8.
In the fall of 2019, Rospatent (Russian Patent and Trademark Office) rejected City's application. The official reason for rejecting the PJSC's application was that the brand name, translated as "Moscow City," allegedly lacked distinctiveness. Rospatent argued that consumers would perceive it not as a trademark, but as a location where goods are produced and services are provided.
PAO City's objection clarifies that the name Moscow City is widely known and has distinctive properties. At the beginning of summer 2018, the Moscow International Business Center housed four coworking spaces, over 1,500 small and medium-sized businesses, various stores, medical facilities, and other services.
Despite this, Rospatent did not change its position. By a decision dated December 18, 2020, the applicant's objection was dismissed. PAO City filed a petition to the court to overturn this decision. The Intellectual Property Court granted this request in July 2021.
Based on the court ruling, Rospatent reconsidered the PJSC's objection but again denied registration of the brand. In March, City appealed to the Intellectual Property Court once again. After reviewing this appeal, the court ordered Rospatent to register the trademark (for certain services and goods).
PAO City has been operating since 1992. Currently, the public joint-stock company represents the Moscow government to third parties regarding the operation of Moscow City. Since 1994, the Moscow mayor's office has entrusted City with the management of this business center.
Rospatent will register the Moscow City trademark.
The Cassation Court upheld Rospatent's refusal to grant the Moscow-City designation.
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.
