Russian businessman seeks to cancel Premier League trademarks

A Russian businessman is attempting to cancel two trademarks owned by the English Premier League (EPL) on grounds of non-use.

Nikolai Vetter is seeking to cancel two EPL marks which depict the Premier League’s lion logo.

Vetter has his own registration, an identical image of the lion but with the word ‘Löwe’ appearing twice underneath on a football.

Vetter’s mark is for class 13, covering weapons and ammunition.

According to Russian news website Izvestia, in February this year Vetter received a letter from Lane IP, which represents the Premier League, stating that the mark should not be used in relation to class 13.

Afterwards, Vetter applied for the mark covering classes 9, 16, 25, 28 and 41—including balls and clothes. The EPL-owned marks also cover those classes.

On June 29, Vetter filed a cancellation request at Russia’s Court for Intellectual Property Rights.

Igor Motsnyi, partner at Motsnyi legal in Moscow, said Vetter would have to prove that he is an interested party and has a legitimate good-faith interest in cancelling the EPL’s marks.

“I would note that the Russian mark is registered for goods in class 13 only and the application covering the goods and services of the EPL-owned marks has been filed recently.”

He added: “It is possible that the court may disregard this application and consider that it was filed only to create ‘an artificial interest’ for the purpose of the cancellation action.”

Motsnyi said in his experience courts often ask for extensive evidence that supports the interest and real business of the claimant.

“If the court does not find an interest of the claimant, it will have to reject the cancellation claim. If the EPL provides evidence of use, the court will reject the claim as well.”