Appellate court overturns cancellation decisions against US spirits maker

In September 2012 the Ninth Commercial Court of Appeals overturned decisions by Russia’s Patent and Trademark Office (PTO) and the first instance court to cancel the registration for the trademark SKYY, which belongs to leading US spirits maker SKYY Spirits, on the grounds of non-use.

The Russian PTO had cancelled the SKYY trademark in October 2011 following a request by Seychelles-based Esmington Corporation, which uses the mark for alcoholic drinks in Russia, and also owns the trademarks SKY-HI and HI-SKY. The Esmington Corporation claimed that the US spirits maker did not use the mark in Russia.

Earlier this year SKYY Spirits had filed a lawsuit with the Moscow Commercial Court against the Russian PTO, but the court upheld the PTO’s ruling in June 2012.

The PTO claimed that SKYY Spirits had failed to attend the hearing at the Chamber for Patent Disputes and that the PTO had no evidence of use of the trademark in Russia.

Jelena Jankovic, PETOŠEVIC, Belgrade