Cancellation | Fashion | Litigation | Trademark

2024


Cancelling a blocking registration to overcome an opposition and secure trademark protection in Ukraine

Client: an Italian manufacturer of premium apparel and accessories, recognized in the luxury denim segment.

Challenge

The client filed a trademark application in Ukraine. An opposition was lodged against it, based on an earlier identical registration held by a third party. This blocking registration prevented the client from obtaining trademark protection for its own brand in the Ukrainian market.

Our approach

We pursued a strategy of removing the obstacle through court cancellation of the blocking registration. We filed a lawsuit seeking invalidation of the earlier registration. The court of first instance granted the claim in full. With the blocking registration cancelled, the opposition based on it was rendered moot and disregarded by the IP Office.

Outcome

UANIPIO issued a registration decision for the client’s trademark. The client secured full legal protection of its brand in the Ukrainian market, while the third party’s blocking registration was definitively cancelled.

Strategy

Cancellation + registration

Lawsuit

Granted in full

Opposition

Disregarded

Outcome

TM registered

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