Brioni SpA failed to invalidate the registration of the trademark “Bioni” by a Russian company

ROSPATENT (Russian PTO) rejected the request of the fashion house Brioni to declare the Bioni trademark in the name of a Russian company invalid. The trademark Bioni belongs to the company “JSC Arnest” from Stavropolskyi region. Brioni S.p.A considered the trademark at issue is confusingly similar to the trademark “Brioni” as both marks are registered for the goods in Int. Class 3 (bleaching and laundry preparations) “JSC Arnest” argued that the marks in questions are not similar to each other in whole as  the first syllables “bi-“ and “bri-“ cannot be seen as identical or even similar adding that it is the first part of the word the consumer would concentrate while reading a word. “JSC Arnest” also pointed out that the first part of the trademark “BIO” is widely used in compound words, and implies the use of natural organic substances, or that they are included in something. ROSPATENT supported the arguments of “JSC Arnest” confirming that the marks will not be confused the famous Italian fashion house “Brioni” actually uses the mark (for manufacture of textile, clothing, perfume, accessories, luxury goods) where the wording “Brioni” is done in a specific graphical manner in its activity.