Registration of a trademark «BOUCHARD AINE ET FILS»

Subject matter:

registration of a trademark «BOUCHARD AINE ET FILS» under International Registration No. 891349 with its designation at the territory of Ukraine.

Problems with registration:

the presence at the territory of Ukraine of a registered similar mark "BOUCHARD PERE & FILS" under International Registration No. 551590;
obtaining of a refusal for protection of the mark "BOUCHARD AINE ET FILS" under International Registration No. 891343 because of the existence at the territory of Ukraine the International Registration No. 551590.

Problem solving:

appeal to the Board of Appeal of the State Service of Intellectual Property with an objection against the refusal in registration;
documentary confirmation of the arguments in favor of registration of the trademark: confirmation of the popularity of the applicant’s company in the whole world since the end of 19th century; conducting the search of the client's products at the Ukrainian market for proving the trademark use, that was not an easy case because of the products were high quality and inexpensive and were distributed in limited quantities;
longtime process of consideration of the case in the Board of Appeal and numerous meetings;
the trademark was granted at the territory of Ukraine.

Result:

obtaining a legal protection of the mark "BOUCHARD AINE ET FILS" under International Registration No. 891343 at the territory of Ukraine;
due to the registration of the trademark in Ukraine, the applicant has expanded the limits of the marketing of his products - now his wines are already sold in 131 countries of the world;
our client is actively presence at the Ukrainian market and delights us with exquisite wine under the trademark "BOUCHARD AINE ET FILS" - only in Kiev its products can be found in 5 supermarkets and 3 online stores;
due to the registration of the trademark in Ukraine the average annual volume of produced wine has grown to more than 4 million bottles per year.