COURT UPHELD POSITION OF FAS ON INADMISSIBILITY OF REGISTRATION OF A TRADEMARK WITH DESIGNATION "NUMBER ONE"

The use of such a designation in a trademark is regarded by the authority as unfair competition

FAS Russia was addressed by the company Arnest, which has been producing insecticides under the designation Dichlofos since 1972. The applicant stated that his competitor (Parus LLC) had registered the designation "Dichlofos No. 1" as a trademark.

Commission of FAS Russia found that Parus registered a trademark with the comparative statement "number one" and used it in the design of the manufactured insecticide Dichlofos.

According to the authority, the organization tried to highlight its own products, bypassing the prohibition on the unjustified use of comparative statements indicating the superiority of the product over competitors' products. FAS Russia has recognized Parus LLC as violating the Law on Protection of Competition*.

The company tried to appeal the commission's decision, but the Intellectual Property Rights Court upheld the position of the authority.

For reference:

* According to Part 1 of Article 14.4 of the Law on Protection of Competition, unfair competition related to the acquisition and use of the exclusive right to means of individualization of a legal entity, means of individualization of goods, works or services is not allowed