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«A.Zalesov & Partners» defended the client's trademark in the IP Court

03.04.2023
Irina Ozolina Julia Kolomytseva Non-use cancellation Food

The Russian IP Court upheld the trademark of our client Ferrero S.p.A. - «SURPRISE» - under international registration No. 551073 in a series of cases on the early termination of the legal protection of the trademarks «СЮРПРИЗ/SURPRISE» due to their non-use, initiated by the manufacturer of confectionery products Guangdong Funway Food Co., Ltd.

There were two disputes considered by the IP Court regarding the non-use of the «СЮРПРИЗ» trademarks - No. SIP-20/2022, SIP-47/2022 - and one regarding the «SURPRISE» trademark - No. SIP-30/2022.

Previously, the IP Court rejected the claims of Guangdong Funway Food Co., Ltd regarding the word and figurative trademarks «СЮРПРИЗ», since it considered that the facts of their proper use had been proved.

On March 29, 2023, the Court also ruled to refuse early termination of the «SURPRISE» trademark under international registration No. 551073. We proved that the trademark was used on the Internet to promote «Kinder СЮРПРИЗ» products, and the use of the trademark in the aggregate with other trademarks does not change its substance or limit the protection granted to it.

Senior partner of «A.Zalesov & Partners» Patent & Law Firm Irina Ozolina and lawyer Julia Kolomytseva represented the client in this dispute.

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