The Commission of the customer was punished for the fact that she mixed up the concept of "trademark" and "trademark"
The Commission of the customer rejected the participant, having referred in the Protocol of consideration that the trademark wasn't specified in the application. The participant complained to Management of Federal Antimonopoly service according to documentation it was necessary to specify not trade, and the trademark.
The control body recognized the error in the Protocol as a violation of the Law N 44-FZ. Recall that for non-compliance with the requirements for the content of the Protocol, a fine of 10 thousand rubles is provided.
The customer went to court. In his opinion, the error in the Protocol was a typo. It has not led to misunderstanding, for which he rejected the application. In addition, they did not contain any indication of the trademark and did not meet the requirements of the documentation, which was confirmed by the Office of the Federal Antimonopoly service
However, the courts supported the Supervisory authority. Replacing the concept of "trademark" with "trademark" cannot be considered a typo, as they have different meanings. In the Protocol of consideration of applications the decision on rejection of applications is incorrectly proved.
The Supreme court refused to review the case.
Document: Determination of the Supreme court of the Russian Federation of 09.07.2019 in case N A60-37803/2018