Doubinsky & Osharova (D&O)is reporting that, on September 21, 2016, the Kyiv Economic Court of Appeal rejected PJSC Sberbank’s argument that D&O’s client PJSC Oschadbank’s certificate for the use of the "Sberbank" sign for goods and services should be terminated. The appeal followed the earlier decision of the Economic Court of Kyiv and the State Intellectual Property Service of Ukraine, both of which had also found for Oschadbank.
According to Doubinsky & Osharova, on May 27, 2016, PJSC Sberbank filed its claim for the early termination of Oschadbank’s certificate for use of the "Sberbank" mark on goods and services "for all services of 36 class of the International Classification of Goods and Services." The firm reports that, working together with Oschadbank's legal department, its lawyers "gathered appropriate evidence confirming the use of the trademark in advertising, business documents, the Internet, as well as during the facilitation offers." As a result, D&O reports, "the Court of Appeals agreed with reasoned and cogent arguments of the [firm’s] lawyers about the plaintiff's groundless statements."