Rolex, a Swiss premium watch manufacturer, has won a lawsuit in the Astana court against a Kazakhstani brand for trademark infringement. The Kazakhstani company had used the “C.” trademark and registered a name similar to Rolex’s well-known watch model, Cosmograph. The court ruled that the trademark registration in Kazakhstan was illegal, upholding the decision of a lower court. Both courts cited Rolex’s longstanding registration of the trademark, which has been in place since 1961, according to a statement from the Astana court.
The Kazakhstani trademark, previously referred to as “Cosmo,” was registered last June and used for watch-related products, although the court did not disclose its full name. This prompted Rolex to file the lawsuit, arguing that the similarity between the two trademarks was “to the point of confusion.” Rolex requested the cancellation of the trademark registration and sought to prohibit the local company from using the contested brand name.
Last February, the Ministry of Justice refused to fulfill the claim and retained the trademark registration in force. Rolex then filed a lawsuit in court.
In July, the specialized inter-district court of Astana ruled in favor of Rolex, stating that despite some differences, including graphical variations, both names shared the same root — presumably “Cosmo.” This resulted in 65% visual similarity, which the court determined could mislead consumers about the origin of the watches.
The court in Astana has approved the lower court’s resolution.
Rolex first introduced the Cosmograph Daytona watch in 1963 and has been modifying it ever since.
