Ukrainian restaurateurs cannot share the trademark Oliva. The former partners, Dmitry Plyatsuk the owner of marks Viva Oliva and Yuriy Kolesnik he owner of Oliva served counterclaims to revoke the trademark of the competitor.
January, 20 Solomenskiy District Court of Kiev will consider the claim of Viva Oliva to the Ukrainian Institute of Intellectual Property (UPTO). The plaintiff asked the court to declare that the Oliva trademark was registered withthe violation of law and asks to cancel it. On behalf of the Oliva also was filed a lawsuit in Solomenskiy district court to revoke the registration of a trademark Viva Oliva. Date of examination of the case on this lawsuit is not appointed yet.
The brand Viva Oliva has a rich history. This TM was registered in 2004, and ten years later was annulled because of the reluctance of the owner to renew the ownership of the trademark, according to the Ukrpatent. During that period, the company Fortetsja Trading, which had no relation to the restaurant business, owned the brand. But in early 2015 the company decided to regain the brand Viva Oliva, and in October gave it to Dmitry Plyatsuk.
Julia Nikolaeva, the manager of Oliva network, told L?GA.net that metropolitan institution on the Pushkinska str. which is now called Viva Oliva, worked with their franchise network since 2013. “The restaurant was constantly attended by our representative, who recorded violations of the partnership obligations prescribed by the contract. We tore up a cooperation agreement, and the brand and style had to be changed since May 1, 2015,” – she explains.
Franchisee really changed the name of the restaurant to Viva Oliva, but pre-existing menu, and interior decoration were not changed. Julia Nikolaeva said that the restaurant has the same dishes and drinks as in the network of institutions of Oliva. There are no comments from representatives of Viva Oliva at the moment.
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