Hershey’s Defends its Russian Trademark

On April 28, Russia’s Intellectual Property Court upheld a lower court’s decision to cancel the IceBReAKeR trademark, registered by the Krasny Oktyabr (Red October), part of United Confectioners, the leading Russian confectionery company.

The IceBReAKeR trademark was registered for the Russian confectionery’s butterscotch candy in March 1996 under Class 30 of the Nice Classification.

The non-use cancellation action was filed by the well-known American chocolate maker The Hershey Company that produces ICE BREAKERS mints and gum products.

An attorney representing the Hershey Company said in the court of first instance hearing that the defendant never used the brand and that the plaintiff tried to settle the issue out of court.

The attorney representing Krasny Oktyabr argued that the Hershey Company did not provide documented proof of its intent to use the mark in Russia.

Prepared by: Jelena Jankovic

For more information, please contact russia@petosevic.com.

Source: Russian Legal Information Agency (RAPSI)