Patent watchdog not to register AVATAR perfume brand
MOSCOW, MAY 23 - RAPSI. The Moscow Commercial Court validated the Federal Service for Intellectual Property, Patents and Trademarks' refusal to register the AVATAR brand for the Russian Parfumeria XXI Veka perfume producer, the court told the Russian Legal Information Agency (RAPSI) on Wednesday.
In April 2011, the service refused to register the trademark, as it reproduces the name of an eponymous film by Hollywood director James Cameron.
The service said the trademark's registration would contradict the public's interests, as the company seeks to capitalize on the success of another entity.
The trademark is associated with 20th Century Fox. Thus, consumers may be led to believe that Fox has partnered with the perfume company.
Parfumeria XXI Veka in turn called the decision unfounded.
According to the company, the agency failed to prove whose public interests were violated.
Parfumeria XXI Veka claimed that the decision is biased. It is only prohibited from registering trademarks with names similar to renowned works without the consent of the exclusive rights' holder. If the rights have not been registered, the company said, the rule does not apply.
20th Century Fox was attracted to the hearing upon the patent service's request, as the trial could have affected the companys interests.
Parfumeria XXI Veka is a mass market and mid-market perfume producer. It has been operating for over 10 years.