Winged horse brought American Exxon Mobil to Ukrainian courts

Exxon Mobil Corporation (Texas, USA) tries to ban the PeGas trademark in Ukraine. The logo is currently used by the chain of petrol stations owned by Ukrainian company NISA. The judicial proceedings started last December.

NISA is a subsidiary of Olenergo, owning a chain of 20 gas stations and leasing another 2 gas stations from the Agro Resurs Energiya Trading House.

Representative of Exxon Mobil claims that the image of a winged horse with the “PeGas” inscription is very similar to the PEGASUS signs registered by the American company in Ukraine back in 1993, therefore, it could be misleading. The plaintiff asked the State Service of Intellectual Property to declare NISA’s certificate of trademark invalid and prohibit the company to use the logo.

In response to the lawsuit in late January the agency denied all claims. Representatives of the civil service argue that prior to issuing the certificate for PeGas trademark in 2008 they carried out an examination, which proved that the signs were not very similar. Yet Exxon Mobil still has questions to forensic experts, so the court reappointed the examination. So far the proceedings are suspended.