
The business publication Sostav, citing Vedomosti, reports that on Monday, August 8, the deadline for waiting for a response to a claim filed by the Food and Tochka cafe chain (Vladivostok) to the Russian successor to McDonald's in mid-June expired.
According to the law, Rospatent cannot register trademarks if they are confusingly similar to those already working in the same field. The owner of the seaside brand, registered in April 2020, doubts the legality of using the Vkusno — and that’s the point trademark. Lawyers for the Food and Dot brand offered to enter into negotiations to change the name. Otherwise, the dispute will be resolved in COURT.
Sergey Ponkratov, DIRECTOR of the network of popular HoReCa establishments in Vladivostok, emphasized that the company has no goal of making money on the dispute. In June, he was contacted by a former McDonald's franchisee and asked for his opinion on the branding. Pankratov proposed either to abandon the use of the new restaurant name by withdrawing the application to Rospatent, or to conclude an agreement on the coexistence of trademarks. There was no written response. Lawyers from Primorye are preparing a lawsuit to the Intellectual Property Court.
They believe that in the phrase "Tasty - and that's it" the word "tasty" is a weak semantic element, because it is descriptive and is often used in public catering. The main emphasis in perception falls on the second part of the phrase: a strong argument “and the point”, representatives of the potential plaintiff note. In their opinion, in the eyes of the average consumer, the two designations will inevitably be associated. In response to a request from Vedomosti, the press service of the Tasty - and the point network stated that the management does not comment on cases that are in progress. On July 17, McDonald's successor opened the first restaurant in Vladivostok.