Roshen Kyivkhlib deprived of the right to cake

Roshen лишил Киевхлеб права на торт

Roche won the argument on the cake is the Golden key

The court has deprived of PJSC Kyivkhlib right to cake Fabulous key. It invalidated a patent.

The economic court of Kiev satisfied the claim of Roshen PJSC Kyivkhlib on the cake of a Fabulous key. The corresponding decision is published in the Unified state register of court decisions, reports on Friday, August 17, Economic truth.

“In the composition of the industrial sample Packaging for cake Fabulous key to the patent of Ukraine No. 33762 contained symbols similar enough that they can be confused with the sign for goods and services under the certificate of Ukraine No. 78911 and well-known in Ukraine, sign of the Golden key,” reads the court’s decision.

According to the court, it may mislead consumers. This view is also confirmed by the referred expert, who noted that “the use of symbols that comprise the industrial sample Packaging for cake Fabulous key to the patent of Ukraine No. 33762, consumers can be misled as to the person of the manufacturer”.

Considering all of the evidence, the court decided to satisfy the claim of the company Roshen and to annul the patent of Ukraine No. 33762 from 25 January 2017 to an industrial design which belongs to Kyivkhlib.

The court also ordered the economic development Ministry to amend the state register of patents of Ukraine for industrial designs information to invalidate completely this patent.

In addition, it is noted that PJSC Kyivkhlib will have to pay 3200 hryvnia court fee for filing a statement of claim, 800 UAH, court fee for filing a statement of claim and 26 thousand UAH for conducting of forensic examination.

We will remind, the AMCU fined Kyivkhlib 219 thousand hryvnias for the fact that he used the packaging for cake Fabulous key, which is very similar to the packaging of the cake Golden key company Roshen. Kyivkhlib appealed against this fine.

Previously, Roche announced the sale of defective products under its brand.

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