Russian PTO ordered to pay record sum for court expenses

On March 2 2015 the Presidium of the Russian IP Court confirmed a decision of the first instance court ordering the Russian PTO to pay approximately €15,000 ($16,500) to Russian firm EvroImp LLC, owner of the trademark BERGLAND (No 321953, registered in 2007 for goods in Class 25 of the Nice Classification), in compensation for court expenses resulting from the PTO’s cancellation of EvroImp’s trademark.

This sum covers attorney fees, which amounted to €9,600 ($10,500), as well as other expenses such as business trips and conducting public opinion polls. EvroImp had asked for a greater amount of compensation - approximately €44,850 ($47,840) - but the awarded sum of €14,950 is still unprecedented for the Russian PTO.

The case between EvroImp and the PTO resulted from EvroImp’s trademark dispute with METRO Cash & Carry, an international self-service wholesaler. EvroImp had initiated trademark infringement actions against METRO Cash & Carry because of its unlawful use of the trademark BERGLAND on clothing, and was awarded approximately €470,000 ($513,000) in compensation. METRO Cash & Carry appealed the amount of compensation. The appeal is still pending and will be considered in the near future.

During the dispute, METRO Cash & Carry obtained the invalidation of EvroImp’s BERGLAND mark at the Chamber of Patent Disputes of the Russian PTO, but EvroImp successfully appealed the PTO’s decision at the IP Court and restored its trademark rights.

At the beginning of 2015 EvroImp notified the court of its bankruptcy.

Tatyana Kulikova, PETOŠEVIĆ, Moscow