Our client, a Russian pharmaceutical manufacturer «VALENTAPHARM», had produced «Phenotropil» medication under a license agreement for more than 10 years. The trademark owner — individual entrepreneur R.V. Akhapkin — terminated the license agreement on his initiative, however was not able to establish the production of the medication under the mentioned trademark after the termination of the license agreement.
«VALENTAPHARM» filed an application with the IP Court to cancel the protection of the disputed trademarks, referring to that argument. The defendant tried to prove the fact of trademark use as well as the fact of preparation for use, which had not been completed for reasons beyond his control. After lengthy consideration, the Russian IP Court ruled in favor of our client and the protection of the disputed trademarks (Phenotropil and the derivative designations) was canceled.
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