The Patent Dispute Chamber of the Russian Patent and Trademark Office (RUPTO) has refused an appeal filed by Azamat Ibatullin, concerning registration of the “МТС Смарт/MTS Smart” trademark by one of the three major Russian mobile carriers, “Mobile TeleSystems” (MTS).
The author of the appeal holds intellectual property rights for a number of trademarks comprising an “MTS” literal element as their part. According to the Ibatullin, the subject trademark is deceptively similar to his trademarks. He claimed that his trademarks, as well as the subject trademark, cover a wide range of consumer goods, and requested the Russian Patent and Trademark Office to annul legal protection of the opposed trademark.
The MTS company stated that from January 1st, 2011, a combined logo containing an “MTS” literal element is recognized as a well-known trademark in Russia. According to the data from the official Russian trademark database, the literal element of the opposing trademark held by the applicant is graphical, and it serves as a part of an image, since it is formed not by Cyrillic or Latin alphabet letters having specific form, but using graphic means, stated MTS.
Besides, dominant elements of both designations are different – the subject trademark comprises an image depicting a computer button with an “MTS” literal element, while Ibatullin’s trademark depicts a sunflower.
After holding the hearings, the RUPTO‘s officials have refused the appeal.