Conflict over trademarks: Poultry farm “Zelenetskaya” versus “Cherkizovo”

The Zelenetskaya poultry farm , the largest poultry producer in the Komi Republic, decided to challenge the trademarks “Gubernsky”, “Gubernskaya” and “Gubernskie”, owned by the Cherkizovsky MEAT Processing Plant (ChMPZ), which is part of the Cherkizovo group of companies.

Causes of the conflict

The Zelenetskaya Poultry Farm actively used the word “Gubernskaya” in its brand, known as the “Zelenetskaya Gubernskaya Poultry Farm,” to produce pressed pork. However, as it turns out, Cherkizovo, under the Gubernsky brand, sells marinated ham, which creates confusion among consumers. It is important to note that currently the trademarks “Gubernsky” and “Gubernskaya” are used by Ochakov under a license from Cherkizovo.

The Zelenetskaya poultry farm appealed to the Moscow Arbitration COURT with a request to declare these trademarks invalid, citing their non-use. In response, ChMPZ claims that the trademarks are actively used and objects to Zelenetskaya’s statements.

Zelenetskaya's position

The management of the Zelenetskaya Poultry Farm emphasizes that their main goal is to protect their logo and brand, which has already proven itself in the market. Eldar Guliyev, HEAD of the Intellectual Property practice at AB KIAP, noted that the company does not intend to acquire rights to controversial trademarks, but is aimed at challenging the agreement between Ochakovo and ChMPZ. This could set an important precedent for intellectual property protection, especially for smaller manufacturers seeking to protect their interests.

About the Zelenetskaya company

The Zelenetskaya poultry farm is not only the largest poultry meat producer in Komi, but also an important player in the region’s agricultural market. It belongs to the republic's property committee and produces more than 90% of poultry and pork in the region. In 2023, annual production reached 20,000 tons of poultry meat, more than 8,000 tons of pork and 100 million eggs. With revenues of 4.7 billion rubles and a net profit of 116.9 million rubles, Zelenetskaya operates more than 60 branded stores, demonstrating its importance to the local economy.

Trials

The trial in the case is scheduled for August 5, and it could have serious consequences for both Zelenetskaya and Cherkizovo. If a trademark challenge is successful, this could lead to significant changes in the market, as well as a review of the practice of using trademarks in the agricultural sector.

The conflict between Zelenetskaya and Cherkizovo highlights the importance of protecting intellectual property and the need for a clear delineation of trademark rights. In an environment of growing competition and changing consumer preferences, such litigation is becoming increasingly relevant.