Our client — «DIAMED-Pharma» LLC — filed an application to receive protection for a trademark under application № 2019746357 «PANTEIN» for goods in 03, 05, 10, 44 Classes of ICGS. Rospatent refused to grant protection to the mentioned designation in respect of all goods in 03 Class and part of goods in Class 05 ICGS, including «pharmaceutical product».
The case is notable since the registration process was quite complicated. Although the applicant managed to obtain and provide a number of letters of consent, including the one from the holder of «PANTENOL» trademark, as well as provide the arguments for registration, Rospatent considered that not all obstacles to granting TM protection had been overcome. However, on July 06, 2021, during the hearing of the Board of the Chamber for Patent Disputes, trademark attorneys Aleksey Zalesov and Irina Ozolina, representing the client, proved the lack of confusion with the opposed trademarks, and the protection was granted to the «PANTEIN» trademark in respect of all claimed goods.