On October 8, 2020, the Northern Commercial Court of Appeal endorsed the position of Doubinsky and Osharova’s lawyers Victoria Sopilnyak, Anastasia Kazankina and Anna Chepkova and upheld the decision of the Commercial Court of Kyiv regarding the fact that the designation “KASHTAN” had become commonly used.
In the court, the lawyers proved that KASHTAN ice cream has been produced for a long time by numerous ice cream manufactures in Ukraine, hence the designation “KASHTAN” has taken on the meaning of a generic term. By the decision of the Commercial Court of Kyiv, the KASHTAN trademark registration certificate of Ukraine No. 19356 for goods of class 30 “ice cream” as per Nice Classification was terminated.
This court case serves as an illustrative example of how the owner of the certificate must closely monitor the way in which his trademark is used. In addition, a large number of licensing agreements may turn against him.