A spirit featuring a unique aroma, the distinctive scent of which sets it apart from others in its class.
A major spirits producer, 'ASG', plans to introduce 'Exo' aperitif into its lineup. However, the brand name 'Exo' is already in use by 'Arneist Yuniruss' for ice cream. While lawyers find it unlikely that there'll be a dispute, their products fall into different product classes.
According to records from Rosakkreditation, the LLC "Ruzsky Kupazhny Zavod", a part of ASG, has received a declaration for aperitif production under the 'Exo' brand with flavors like pineapple-guava and raspberry-mango. Despite no current products, ASG is considering market potential and consumer demand.
As the brainchild behind popular liquors like "Pyat Ozer" and "Broom Dry," ASG, founded in 1993, takes pride in its strong presence in the Russian alcohol market. In the first quarter of this year, they reduced vodka production by 8%, producing 2.1 million decaliters, and created 456,000 dal of liqueur-vodka products. ASG's revenue increased significantly in 2024, so they're likely looking to expand into lucrative niches.
On the other hand, 'Arneist Yuniruss', which used to be 'Unilever Russia', produces ice cream and fruit ice under the 'Exo' brand. They've confirmed that ASG's production has no relation to theirs.
Patent attorney Sergei Zykov from 'Zykov and Partners' finds it improbable that 'Arneist Yuniruss' might have grounds to challenge ASG. Registering the brand for goods in a specific class provides de facto protection, but consumer deception would have to be proven for trademark annulment – a scenario Zykov considers unlikely due to low ice cream awareness.
In a past interview, Sergei Studennikov, founder of the "Krasnoye & Beloe" network, stated that modern alcohol is ten times better than the Soviet era. According to research company NTech, 'Exo' ice cream ranked 14th in the 'Ice Cream' category, with a 1.2% share in Russian retail.
While ASG hasn't yet ventured into the 'Soju' category, their focus on expanding into new niches (like aperitifs) has experts like Andrei Moscow believing they might target this high-growth exotic alcoholic beverage. In 2024, 'Soju' saw a 348% surge in sales in Russia.
All in all, whether 'Arneist Yuniruss' can challenge ASG's use of the 'Exo' brand remains uncertain without more details about product categories or any legal filings. However, if both companies operate in distinct categories, the likelihood of a dispute is low. If their categories overlap or the brand acquires a strong market presence, a possible trademark or branding dispute may arise.
Despite ASG's focus on expanding their product lineup, specifically with the new aperitif brand 'Exo', they maintain no association with Arneist Yuniruss' existing ice cream brand of the same name. However, should ASG delve into the 'Soju' category, a potential overlap in branding might spark interest among legal experts, depending upon the market presence and product categories involved.
