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MTS brand is brought to court again

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MTS trade mark became the subject of litigation between the Russian company Mobile TeleSystems and Ukrainian MTS. And it is not the first time.

Mobile TeleSystems, PJSC is currently involved in litigation with MTS company on the right to use MTS brand in Ukraine. This was written by Interfax-West with reference to the report of the Russian company for the second quarter according to RAS.

The judicial process is as follows. At the beginning of November 2015 a number of international MTS trademarks were recognized as invalid on the territory of Ukraine according to the decision of the Starobelsk District Court in Lugansk region. Under the court orders there was also canceled the decision of the Appeals Chamber of the State Intellectual Property Service of Ukraine that the designation of MTS was recognized a well-known throughout the country, and order by the State Intellectual Property Service of Ukraine that confirmed Mobile TeleSystems’ right to use the MTS brand.

In March 2016, the Russian company has filed an appeal to the Appeal Court of Lugansk region. The court decided to satisfy the complaint and closed the case.

However, the Ukrainian MTS company was not agree with the decision of the court, and as a result, filed a counter cassation appeal. However, the claim was not considered by the court yet, and indeed the trial date is currently not known.

However, according to Kommersant newspaper, in December 2015 Solomensky District Court in Kyiv satisfied the claim of the Ukrainian MTS company for recognition its intellectual property rights to marks for goods and services on the two applications for the 35th class by the International Classification of Goods and Services . The decision was made on the basis of an appeal decision canceled by Starobelsky district court in the last year. The decision obliges the State Service of Intellectual Property to register the designation according to the request. In turn, Mobile TeleSystems company has filed an appeal against this court decision. The hearing will take place on 15 September.

As a reminder, in 2012-2013 the company has got into litigation for the right to use this brand in Ukraine. Then the court decisions were made in favor of the Russian side.

In October 2015 MTS-Ukraine made the rebranding to provide the most part of services in the territory of Ukraine under Vodafone brand.

 

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