On May 24, 2024, the Federal Service for Intellectual Property refused to grant protection to the industrial design under international registration No. DM/229082.
The refusal was due to the fact that the declared group of industrial designs included an object that created the same general impression as the trademark of another legal entity, protected in the Russian Federation in accordance with an international treaty of the Russian Federation and related to similar goods of class 05 of the International Classification of Goods and Services (Nice Classification) with an earlier priority.
«A.Zalesov & Partners» Patent & Law Firm, having represented the interests of the client, filed an objection to the decision of Rospatent to refuse to grant protection in the territory of the Russian Federation. The position was based on the fact that the owner of the trademarks was the same entity as the applicant for international registration, which changed the name before filing an application for international registration of the industrial design. The associates of «A.Zalesov & Partners» managed to confirm the fact of a change in the name of the owner by conducting a thorough search and selection of information about the foreign legal entity.
Following the consideration of the objection, Rospatent ruled to satisfy the objection, cancelled the previous decision of Rospatent and granted protection in the territory of the Russian Federation to the industrial design under international registration No. DM/229082.