Judicial act: decision of the Presidium of the Court for Intellectual Property Rights dated October 25, 2021 in case No. SIP-201/2021.
Court's findings:
1. The interest in terminating the legal protection of the disputed service mark is confirmed by the appropriate evidence attached to the case file, the assessment of which must be given by the court during the consideration of the case.
2. Activities for the provision of services of the 36th class of the Nice Classification "real estate transactions" have a certain degree of homogeneity with activities in relation to services of the 36th class of the Nice Classification "real estate transactions", since they have similar conditions for implementation and a range of consumers.
3. In cases on early termination of the legal protection of a service mark, the plaintiff proves that the defendant has carried out activities to provide services that are similar to the disputed service, and not necessarily identical, by the defendant - the fact of using the corresponding service mark in the last three years.
Comments:
1. The guarantee of legal protection of designations that individualize the goods and services sold in the course of entrepreneurial activity protects, among other things, the business reputation of the company, protects the business from unfair competition, and helps to increase the recognition of the goods or services offered.
2. To ensure the legal protection of trademarks and service marks, their continuous use over the past three years is necessary, since the reverse situation, when the right holder cannot prove such a format and sequence of use of individualizing signs, may lead to early termination of their legal protection and registration of such signs for other interested parties.
3. In order to justify the intention of further legal possession of a service mark or trademark owned by a business person, such a person must provide reliable confirmation of the fact of using such designations and his active interest in them.
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