Client of «A.Zalesov & Partners» Patent & Law Firm, a major Russian pharmaceutical company, discovered a medicinal product similar to its own, «Magnikardil», on the market. It is also used to treat cardiovascular diseases and has the same active ingredient.
Our team prepared and filed a claim disputing granting of legal protection to the «Magnikardil» trademark under RU Certificate No. 827772.
The claim was based on the fact that this trademark is confusingly similar to the client's earlier and well-known trademark, «Cardiomagnyl». The arguments regarding confusing similarity were based on the fact that both marks being compared consist of two identical parts, «KARD» and «MAGN», and also have the same final part, «il». The only difference is the reordering of the elements in the disputed mark, as well as the presence of an additional letter «o» in the client's trademark. Due to the presence of identical elements, the trademarks also evoke similar associations when perceived, referring to the intended use of the medicinal products and the name of the active ingredient.
The Panel of Chamber for Patent Disputes agreed with our arguments and concluded that simply rearranging the aforementioned elements does not lead to a conclusion that the trademarks are not similar, despite certain visual differences.
On December 30, 2025, Rospatent upheld the decision of the Chamber for Patent Disputes to uphold the objection, invalidating the «Magnikardil» trademark in full.
The client's interests in this case were represented by Senior Partner Irina Ozolina and Senior Associate Julia Kolomytseva.