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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
SUNDAY, 14 APRIL 2013
CHICKEN BACON unregistrable in Russia ... so far

It has been reported that the Russian Patent Disputes Chamber has upheld the decision of the Patent and Trade Mark Office to dismiss the application of US corporation McDonald’s to register the words CHICKEN BACON as a trade mark in Russia.

The fast food giant has been selling the 'Chicken Bacon' sandwich in Russia since 2011, the year in which the PTO first refused to register the mark.  According to the PTO, both 'chicken' and 'bacon' were ordinary words that described the ingredients of the 'Chicken Bacon' sandwich. This being so, they were ineligible for trade mark protection. McDonald’s appealed, claiming that the proposed trade mark

  • was distinctive, as it was clearly associated with the company and its products; and
  • was original and creative because the English word 'chicken' had no meaning in Russian, while the word 'bacon' meant a salted meat product ('бекон' in Russian).

It is expected that McDonald’s will file an appeal with Russia’s Supreme Arbitration Court.

Source: Jelena Jankovic, PETOŠEVIC Newsletter

Posted by: Blog Administrator @ 16.49
Tags: Russia, registrability, CHICKEN BACON,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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