> Baltica’s Chinese Twin

Baltica’s Chinese Twin

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The Baltika Breweries (the Carlsberg Group part) filed a lawsuit in the Beijing IP Rights Court with a request to cancel the Kuyadom trademark registration. The beer logo under the brand name Kuyadom is confusingly similar with the logo of canned beer Baltika 3, Baltika 7 and Baltika 9.

In 2001 the Baltika trademark was registered in China. The Kuyadom verbal mark was registered in 2012. Then, the combined mark with graphic elements and graphic design application for registration was filed. Just this design, in the opinion of the Russian brewing company, is similar to the "Baltika" mark.

According to Baltika because of the similarity of the Kuyadom trademark with its mark the company has received less than $ 1.4 million of foreign exchange earnings in 2016 with total revenue of $ 1.2 billion. As noted in the Russian company, in 2017 it may lose $ 1, 8 million

Presumably, Kuyadom products are produced in China, but Kuyadom packaging does not have information in Chinese: this data is only on attached stickers. The packaging itself indicates that the products are imported from Russia and Germany.

Immediately after the appearance of Kuyadom in the Chinese market, the Baltika Brewery, together with the Russian Trade Mission in China, repeatedly drew the attention of the General Directorate of the Commerce and Industry Administration of China (trademarks Department) to the alleged fact of unfair competition.

In March 2016, Baltika filed to the Trademark Review and Adjudication Board an objection to granting legal protection to such trademark, referring to the earlier priority of its own above-mentioned trademark. However, on February 28th, 2017, the department issued a negative decision on the company's objection, after which Baltika filed a lawsuit appealing against the decision of the Appeal Council of the People's Republic of China to the court.




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