Decision of the Appeal Chamber to refuse granting legal protection to «Noviy Zhemchug» trademark was finally cancelled

08.08.2005

The resolution of the High Economic Court of July 5, 2005 cancelled the Appeal Chamber decision of August 21, 2003 to refuse granting legal protection to «Noviy Zhemchug» trademark in the name of Olvia Corporation. Konnov & Sozanovsky represented Olvia Corporation in the above mentioned case.

Thus, the initial Decision of Kiev Economic Court was declared to be valid, though earlier it was cancelled by the appeal court.

It is worth mentioning that the refusal in regard to «Noviy Zhemchug» trademark was grounded on the earlier international registration of the same mark, which was further cancelled in Ukraine. This fact was used by the appeal court as a ground to cancel the initial court decision.

However, the High Economic Court of Ukraine considered that said international registration was declared invalid from the date when protection had been granted. Therefore it can not constitute an obstacle to registration of «Noviy Zhemchug» trademark in the name of Olvia Corporation.