CMS Cameron McKenna represented mBank in a dispute over trademark entitlement

CMS Cameron McKenna in Kiev represented mBank, in a trademark dispute against Bank Mykhailivsky, one of the biggest Ukrainian banks in the Higher Commercial Court of Ukraine.

 Bank Mykhailivsky sought invalidation of mBank’s registered trademarks due to its alleged failure to use them in Ukraine. The Ukrainian commercial courts of all three instances upheld the defence of mBank that setting up a local branch was not required to prove the use of trademarks under Ukrainian law. The courts upheld that rendering bank services in Ukraine by use of bank cards issued in Poland satisfies the “use of trademarks” test under Ukrainian law.

The CMS Cameron McKenna team was led by partners from Kiev and Warsaw, Olexander Martinenko Malgorzata Chrusciak, with invaluable assistance from Sergiy Gryshko and Volodymyr Kolvakh.