THE POLYSEMY OF THE WORD DOES NOT EXCLUDE THE POSSIBILITY OF ITS BEING PERCEIVED UNAMBIGUOUSLY BY THE CONSUMER
11 Oct 2023
EURASIA
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The company attempted to register the "Greenoil" designation, but was denied. According to Rospatent, for some of the declared goods, including edible oils, the designation is descriptive, and its use for other products that are not related to oils will mislead the consumer.
Objecting, the company referred to the fact that the words "green" and "oil" have several meanings. The polysemy of these words gives rise to the variability of perception. Therefore, the designation cannot be considered descriptive. In addition, the trademark "Гриноил" has already been registered in the applicant's name.
The Intellectual Property Court upheld the position of Rospatent. To establish the semantic meaning of the designation, it is not the variability of the possible semantic content of its parts that is important, but its perception as a whole by the Russian consumers.
The average Russian consumer of a part of the declared goods will perceive the element "Greenoil" in the meaning of "vegetable (green) oil". Therefore, the conclusion about the descriptiveness of the designation is justified. In relation to other products, it will generate in the mind of the consumer an idea of its certain quality, which does not correspond to reality.
The company's reference to the presence of the trademark "Гриноил" is untenable. This designation and the controversial element will produce a different impression on the consumer.