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“Vene juust” (“Russian Cheese”) declared a type designation

19.12.2012

With its Regulation of 05 September 2012, the Supreme Court refused to accept into proceedings Ago Teder’s appeal in cassation requiring the establishment of circumstances precluding legal protection of the trademark “Vene juust + design” in the civil matter no. 2-11-30329.
 

This terminated nearly four years of trademark dispute, where patent agency Käosaar & Co successfully represented, in the final stage jointly with the Law Firm Glimstedt, the dairy producer Piimandusühistu E-Piim, who had filed an application to the Estonian Patent Office on 08 November 2007 to register the figurative trademark “Vene juust”.On 04 February 2009, the Patent Office made a decision to register the trademark, which was contested by the owner of the earlier trademark “Vene juust + design”, Ago Teder, in the Industrial Property Appeal Committee.The dispute mainly focused on whether “Vene juust” indicated the type and characteristic features of the cheese and whether this designation had become conventional language usage.This court action deemed “Vene juust” to be a cheese type designation and, as a result, other businesses are also allowed to manufacture and market goods designated with the words “Vene juust”.