Legal protection of three-dimensional trademarks: comments of the Senior Partner at «A.Zalesov & Partners» Patent & Law Firm Irina Ozolina for Garant.ru portal

A Plaintiff filed a claim for early termination of the the trademark of the client of «A.Zalesov & Partners», registered in relation to goods of classes 01 and 05 of the International Classification of Goods and Services, due to non-use. We managed to prove the Plaintiff's lack of interest in early termination of the trademark in relation to goods of both classes, as well as the wide recognition of the client's trademark, as a result of which the Russian IP Court ruled to refuse to satisfy the claims in full.

«A.Zalesov & Partners» challenged the decision of the FAS of Russia to recognize the client's actions on the introduction of a medicinal product with the INN «Osimertinib» into civil circulation as unfair competition and infringing article 14.5 of the Competition Law, as well as the order to transfer income in the amount of 566,951,059 rubles to the federal budget and achieved cancellation thereof.

An unremarkable case at first glance, which, nevertheless, is a clear indication that sometimes the daily routine work of overcoming obstacles to registering a trademark during examination requires a creative approach and a lot of effort, and also confirms that a large number of opposed signs is not always a reason to stop the fight for a trademark, even if at first glance the option of applying for a letter of consent seems to be the most reliable or the only promising option for overcoming the refusal, but for some reason the choice is not made in its favor.

On June 12-14, 2025, the Second international conference of the Eurasian Patent Attorneys Assembly «Eurasian Patent System: a catalyst for regional economic development» took place in Armenia. «A.Zalesov & Partners» was among the partners of the conference.

On May 27, 2025, Aleksey Zalesov and Maria Makhlina took part in the conference of the Association of European Businesses Intellectual Property Committee «Intellectual Property in the Modern Era - Challenges, Responses, Development».

On May 16, 2025, the Federal Intellectual Property Service rendered a decision to satisfy the objection filed by «A.Zalesov & Partners» Patent & Law Firm against the issuance of a patent for a utility model protecting a certain structure of a grain dryer bed.