LLC “Shower Pack”: Trademark Registration Despite a Disputed Sign

The client's former business partner filed an application for a similar sign, likely aiming to complicate or block the registration of the client's trademark in Ukraine. Given the presence of a sign similar to the point of confusion, there was an increased risk of registration refusal.

After analyzing the situation, we proposed changing the registration strategy: instead of a word trademark, we recommended filing a combined sign with a stylized graphic element (in particular, an original rendering of a letter), which increased its distinctiveness. A proper set of application materials was prepared with an accurate description of the trademark and formulation of the list of goods. During the registration process, an opposition to the registration and a preliminary refusal were received. Our lawyers prepared well-grounded responses with legal arguments on the absence of a likelihood of confusion and the presence of sufficient distinctiveness of the sign. Based on the review of the arguments provided, the client's trademark was registered.