Appellate economic court of Kiev cancelled the decision of the court of first instance and dismissed the claim of OJSC «Mobile TeleSystems» (Moscow) and PJSC «MTS Ukraine» (Kyiv) against OOO «MTS» (Kiev) on early termination of the certificate for the right to use the trademark «MTS» in Ukraine. It is stated in the decree of this court No. 910/11186/16 from 14 December 2016, published in the state register of court decisions of 20 December, reports
«The decision of the economic court of Kyiv of October 17, 2016 in the case №910/ 11186/16 — to repeal and enact a new, which completely deny the claim of PJSC Mobile TeleSystems, PrJSC «MTS Ukraine» OOO «MTS» on early termination of the certificate of Ukraine # 49992 on the mark for goods and services,» the resolution reads.
The court ordered «Mobile TeleSystems» and «MTS Ukraine» to pay in favor of the company «MTS» court fee in the amount of 3,2 thousand UAH.
It was also noted that the court of first instance did not consider that the company «MTS» exercised their business actually in force majeure conditions, as from 2001 to 2014 was actually exercised his activity on the territory of the Autonomous Republic of Crimea. The court determined that for these reasons, the OOO MTS is unable to provide the court with full evidence of the use of the brand «MTS» in the period from 13.06.2013 to 20.02.2014.
Earlier in October 2016, the Russian company Mobile TeleSystems, PrJSC «MTS Ukraine» won the first-instance court against MTS
Before that, in April 2016, two Ukrainian court partially granted the claims of OOO «MTS» to the telecommunications company Mobile TeleSystems (MTS, Russia) in a dispute over trademarks used in the territory of Ukraine, stated in the decisions of the district court of Starobilsk in Luhansk region and the Solomensky district court of Kiev.
In particular, Starobilsk, the court decided to annul a number of the international registration for goods and services previously registered on the orders of the Russian operator. Also, the court found unlawful and quashed the decision of the Appeals chamber of the State intellectual property service of Ukraine concerning the recognition of the designation «MTS» is well known in Ukraine and to exclude mention of this on the list. In addition, the court ordered the Russian company to pay the court fee in the amount of UAH 487 20 cents in favor of the plaintiff.
Solomenskiy district court of Kyiv ruled that the right of intellectual ownership «MTS» on marks for goods and services across multiple applications and obliged the state service of intellectual property to conduct the appropriate publication in the official Gazette.
According to the Unified state register of legal entities and natural persons-entrepreneurs, the ultimate beneficiary OOO «MTS» is Michael Mukeria. Authorized capital of the company is 97 thousand.
As previously reported, in 2012, OOO «MTS» (it is registered in Simferopol) has sued the Russian cellular operator OJSC «Mobile TeleSystems» (MTS) with a demand to recognize void the registration of its trademarks. In December 2013 claims LTD, «MTS» was completely rejected by the Kyiv court of appeal.
In October 2015, the company «MTS Ukraine» announced
changing its brand to Vodafone.
MTS won the case in the Russian «Mobile TeleSystems» for the right to use the trademark in Ukraine 14.01.2017