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15.06.2020

On June 03, 2020, a panel of experts of Rospatent issued a registration decision recognizing the «Raffaello» logo as a well-known trademark in Russia for confectionery goods. Rospatent issued a favorable decision after the IP Court satisfied in full the claim filed by the attorneys of «A.Zalesov & Partners» Patent & Law Firm against Rospatent. By the disputed decision, the Rospatent previously rejected the application of «Soremartec» S.A. («Ferrero» Group) to recognize the trademark «Raffaello» as well-known. Confectionary «Raffaello» offered by «Ferrero» Group in Russia is one of the most popular brands (recognized by Russian professional and consumer's association for many consecutive years), while the consumer awareness that the trademark owner is «Soremartec» S.A. is quite limited. The initial Rospatent's rejection referred to this relatively little knowledge on the trademark owner as a ground to refuse. Rospatent stated that such an approach is based on Article 1508 of the Russian Civil Code, while such interpretation is definitely limiting and questionable.  Rospatent initially did not agree with the IP Court decision and appealed it. After reconsidering this position by its President, Rospatent decided to withdraw its cassation appeal proceedings before the Supreme Court and scheduled new hearings to consider the well-known application by a panel of its experts. The experts decided in favor of well-known status «Raffaello» trademark. We are happy that our client — «Ferrero» Group received the well-known status for «Raffaello» which is an explicit recognition of the product's success in Russia. «Soremartec» S.A. was represented before Rospatent by Dr. Aleksey Zalesov, Managing Partner, Irina Ozolina, Senior Partner, and Vladislav Ryabov, Senior Associate of «A.Zalesov & Partners» Patent & Law Firm. The court case number is SIP-196/2019; the case file can be traced here.

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