Russian Perfume Maker Cannot Register Avatar as Perfume Brand
On May 23, 2012, the Moscow Commercial Court upheld Russia’s PTO decision refusing to allow the Russian perfume producer Parfumeria XXI Veka to register the word mark Avatar as a trademark for perfume.
In April 2011, the PTO rejected the trademark application, stating that the perfume mark would be identical to the name of the 2009 American science fiction blockbuster hit.
The PTO argued that the registration would likely mislead the public and that the Russian company would unfairly capitalize on the reputation of another entity. As the trademark is associated with 20th Century Fox, the PTO stated that the consumers might be led to believe that the American film studio and the Russian perfume maker are business partners.
Parfumeria XXI Veka, which has been operating in Russia for over 10 years, called the PTO’s decision unfounded and biased, arguing that the mark Avatar is not registered in Russia and that the PTO failed to show how the consumers would be misled.
Russia’s PTO made 20th Century Fox aware of the dispute and the film studio’s representatives were present at the hearing.
Prepared by: Jelena Jankovic
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Source: Russian Legal Information Agency (RAPSI)
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