About the client
The client applied for registration of the trademark “shamua” for a wide range of goods and services, with the exception of household chemicals.
The essence of the problem
During the examination of the application, Rospatent pointed out the similarity of the applied designation with a series of registered trademarks “schauma” (for cosmetic products). The Office believed that due to the wide popularity of opposing trademarks, consumers could be misled, even despite the difference in the list of goods and services, which created the risk of refusal of registration.
Uniqueness and complexity of the case
During the examination, the registration authority applied a non-standard basis for refusal, namely, the popularity of the opposed trademark for heterogeneous goods and services. Successfully overcoming this argument confirmed the effectiveness of the legal strategy.
Our solution
We prepared a reasoned response in which we challenged Rospatent’s arguments, substantiated the absence of a risk of confusion and presented legal arguments excluding the application of the specified grounds for refusal.
Result
Rospatent took into account the presented arguments, and the “shamua” trademark was successfully registered.
