Veronika Popelenskaya, an attorney-at-law and trademark and patent attorney, a member of the Intellectual Property Practice team at Andrey Gorodissky & Partners law firm once again shared her expert opinion with Ъ FM radio station.
Kommersant’s reporters have learned that the company named Shmak intends to take away from Andrey Makarevich (declared a foreign agent) his brand (trademark) “Smak” (means savor in Russian).
Andrey Shmakov is the chef de cuisine of Moscow restaurant Savva and a co-owner of Shmak, a company registered, according to the Professional Market and Company Analysis System (SPARK), in 2022, engaging in the restaurant business and rendering of catering services. He endeavors to sue out early termination of legal protection of the trademark “Smak”. It is held by the company owned by Andrey Makarevich, the bandleader of Mashina Vremeni.
Samyi Smak, a producing company, had been releasing the cookery program “Smak” for about 30 years. Among the guests of the show were famous actors, sportsmen, and TV hosts, who cocked various dishes in a live television broadcast. Shmakov needs the trademark “Smak” to engage in preparing and delivery of meals and training cooks.
Since Andrey Makarevich and his producing company Samyi Smak have not been using their famous brand for a long time, anyone who wishes can acquire it, explained Veronika Popelenskaya:
“They have taken the rather popular standard opportunity afforded by law to cancel a prior mark on the ground of its not being used. The chances are 90% out of 100% that the Russian Patent and Trademark Service will issue them a provisional refusal. They are aware of it and have lodged with the IP Court a non-use cancellation action with respect to the trademark “Smak”. Pursuant to the RF Civil Code, in case a trademark has not been used for three years, any interested person may have it cancelled. The TV show “Smak” ceased to exist in 2018, the trademark has not been used, why not try?”
Then, the following question arises: what should be done if the owners of the brand “Smak” at some point wish to revive their TV show or use this mark in a different way? In such a case “the trademark owners should express their position: whether they use or do not use the mark, agree or disagree with the statement of claim, whether they are going to oppose. Should the marks be still important for them but are not being used, the only thing they can do is to set up defense proving that the petitioner is not an interested person, does not have an actual intention or has a malicious intent, that it pursues unfair practices”, comments Veronika.
For more details please go to https://kommersant-ru.turbopages.org/kommersant.ru/s/doc/6821215 (Press release available in Russian language)
