Acting on behalf of Ukraine's Three Bears ice cream company, Doubinsky & Osharova has persuaded Ukraine's Northern Commercial Court of Appeal to uphold the decision of the Commercial Court of Kyiv that the designation “KASHTAN” had become commonly used and thus qualified as "generic."
According to Doubinsky & Osharova, its team -- consisting of Partner Victoria Sopilnyak and lawyers Anastasia Kazankina and Anna Chepkova -- was able to demonstrate to the court's satisfaction that KASHTAN ice cream has been produced for a long time by numerous ice cream manufactures in Ukraine, giving the designation “KASHTAN” generic status. As a result, according to the firm, "by the decision of the Commercial Court of Kyiv, the KASHTAN trademark registration certificate (Ukraine No. 19356 for goods of class 30 'ice cream' as per Nice Classification) was terminated.
