On March 03, 2023, the Russian IP Court ruled in favor of the client of «A.Zalesov & Partners» Patent & Law Firm having satisfied the claims for the early termination of the trademark legal protection due to its non-use.
The «SPAZMIGAN» trademark was registered in relation to all goods of classes 03, 05 of the Nice Classification.
Our client (manufacturer of medicines and biologically active additives), considering that the trademark owner is not using the disputed trademark, filed a claim with the Court for the early termination of the legal protection of this trademark.
In support of his position, the defendant referred to the fact that he had concluded an agreement on the development and organization of state registration of a medicinal product under the «SPAZMIGAN» trademark.
With the evidence and explanations presented in the case, we managed to prove the client's interest in the early termination of the legal protection of the trademark in respect of all goods for which it is registered. Since the respondent did not provide evidence of the use of the disputed trademark, and the indicated intention of the respondent to use the trademark in future is not a circumstance that excludes the satisfaction of claims, the Court prematurely terminated the legal protection of the disputed trademark in full.
The interests of the client were represented in Court by senior partner Irina Ozolina.
For more details about the case, please follow the link.