Similar Confusing Trademarks?

[ipprolaw]

Mr.X currently have been running a website for close to a couple of years and have decided it is time to file a trademark as it continues to grow. Lets call it "Website Sochi2014"

Upon doing a search we have found a trademark has been filed in the same city as Mr.X and that one is in the exact same industry as Mr.X. It is called "The Website Olympics2014" (website has been changed other words are the same)

It turns out this trademark was filed 2 weeks before Mr.X purchased his domain name of "website Sochi2014". It is currently in the "Advertised" potion of the Russian Trademark process and is filed as "Proposed Use in Russia".

We believe that they currently are already operating a website even though it is filed as proposed use. Mr.X site is quite popular and has been in use for the two full years, set up under a corporation in Russia.

My questions are, we know that we can appeal the name for, but Mr.X is not sure if he have any leg to stand on. Are the names different enough? How does the "confusing trademark" work? What are our other options at this point? Filing in the European office instead?

thanks,

sincerely yours
Mr. Samir, IPPro

 

[mike]

Unfortunately I don't know the law in Russia but I'll assume trademark law is likely similar. The name you give doesn't suggest it can be trademarked and is probably one of the most important issues here. Right now the filing seems to be proposed and I'm not sure the trademark has actually been granted. Let's assume that a trademark was filed in the same country but it's not yours. What basis would you have to prosecute Mr. X using someone else's trademark? I don't know the name of your venture and whether "Olympics 2014" is even unique enough to be trademarked (or the property of the International Olympic Committee.)