On February 24, 2025, the Presidium of the Russian IP Court overturned the decision of the court of first instance, which invalidated the decisions of Rospatent to invalidate granting of protection to the trademarks «Lactomed», «Лактомед», «LACTOMED».
«A.Zalesov & Partners» Patent & Law Firm team filed objections against granting protection to «Lactomed», «Лактомед», «LACTOMED» trademarks under RU registrations No. 677353, No. 714777, No. 769363 due to the confusing similarity with the opposed trademark of their client «LACTACYD» under IR No. 1222984.
By decisions of Rospatent, all objections were satisfied, and the protection of all trademarks was recognized as invalid. The applicant did not agree with the decisions of Rospatent and applied to the Russian IP Court invalidate them.
By decision of the Intellectual Property Court, the applicant's claims were satisfied, and protection of the trademarks was restored.
However, when considering the dispute in the cassation court, we managed to prove the illegality of the decision of the court of first instance, since it incorrectly came to the conclusion that there was no similarity to the point of confusion between the designations «Lactomed», «Лактомед», «LACTOMED» and «LACTACYD».
The Presidium of the IP Court overturned the decision of the court of first instance and sent the case for the reconsideration.
The client's interests in court were represented by Senior Partner Irina Ozolina and Associate Julia Kolomytseva.