Cherkizovo is suing the Krug company over the Tyrol brand

The Vsevolozhsk MEAT Processing Plant is seeking early termination of legal protection for a series of trademarks “Tirolskie”, under which Krug CJSC produced branded pies. Representatives of the Cherkizovo group justified the initiative by the fact that the copyright holder does not use the controversial series of trademarks to label meat products and prevents the registration of the Tyrolean designation as a brand. Under it, the holding's representative office in the Leningrad region is going to produce a line of sausage products.

Roman Parkhomenko, a partner at Pen & Paper, explained: in the event that a trademark is not used for three years, its legal protection may be terminated early. To do this, you need to make a proposal to the copyright holder to renounce ownership of the verbal element or enter into an agreement on the alienation of the exclusive right. Apparently, in this case, Krug CJSC did not meet the plaintiff halfway, which forced Vsevolozhsky Meat Processing Plant LLC to go to COURT .

Partner at the law firm Semenov & Pevzner, Yulia Yarnykh, believes that the outcome of the process depends on whether the copyright holder can prove that he actually used the trademark. If the defendant does not present in court documents confirming the use of the designation “Tyrolean” by himself or under his control when labeling meat products in the last three years, and the Vsevolozhsk Meat Processing Plant proves interest in the controversial brand and preparatory actions for registration, then the court may rule in favor plaintiff. At the same time, Krug CJSC has the opportunity to prove that the trademark was not used for reasons beyond its control, and on this basis the Cherkizovo structure may be denied the claim.