Rospatent rendered a decision to grant protection to a trademark under application No. 2020719894 in respect of a part of claimed goods of one class of ICGS since the remaining part was considered confusingly similar to a number of designations of other trademark owners.
The Applicant did not agree with the decision claiming that:
- the compared designations are fantasy, have different phonetic sounds and produce different overall visual impression;
- the goods in respect of which Rospatent refused to grant protection are not homogeneous with the goods in respect of which opposed designations are registered;
- opposed trademarks are not used for labeling medicinal products.
Thus, there was no likelihood of confusion and, therefore, the applicant believed the trademark should be registered in respect of all claimed goods.
The Chamber for Patent Disputes came to the conclusion that there was no similarity between the claimed and opposed designations, which meant that there was no possibility of confusion by consumers.
The Chamber for Patent Disputes ruled in favor of our client to grant protection to the trademark under application No. 2020719894 in respect of all claimed goods.
Irina Ozolina - Senior Partner of «A.Zalesov & Partners» Patent & Law Firm - represented the client in the Chamber for Patent Disputes.