EINHELL Trademark's Scandal


On July 14, 2004 Trademark EINHELL press conference was held in UNIAN Inform Agency. German Production Company Hans Einhell AG, with 40 years history and 56 offices around the world having intention to operate its business in Ukraine faced with the problem of its trademark EINHELL registration by a Ukrainian individual. He (being himself a lawyer) registered the same trademark for the same goods and services in 2003 as Hans Einhell AG has been doing it for forty years (production of electric tools, compressors, etc). Negotiations on this matter with the new trademark «owner» gave no results.

Mr. Gerbert Lerner, Head of Business International Development Department of Hans Einhell AG and Ms. Tatiana Gluhovskaya, patent attorney with Konnov & Sozanovsky, who represents interests of the company, answered the questions of the leading Ukrainian mass media members presented on the conference.

As Mr. Lerner pointed out there are two ways to resolve this problem for his company: go to the court or to withdraw Hans Einhell AG's business from Ukrainian market. Ms Gluhovskaya expressed her opinion that the Ukrainian legislation gives legal grounds to require cancellation of Hans Einhell AG's trademark registration in our country by the third person.

Also she emphasized, we should pay attention of the Ukrainian business community to this issue, since the reason for this problem lies not only in legal procedures and mechanisms imperfection, but moral evaluation as well.

Final decision has not been made yet.