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The client of the Patent Law Firm «A.Zalesov & Partners», the company Alvogen Pharma Trading Europe EOOD, Bulgaria, being the exclusive licensee in the Russian Federation, is entitled to use a series of the trademarks with the verbal elements «LACTACYD» / «ЛАКТАЦИД».

Our lawyers have filed an opposition to the registration of the Russian trademarks of BIG, LLC (TM certificates No. 769363 («LACTOMED»), 714777 («Лактомед») and 677353 («Lactomed»).

The Chamber for Patent Disputes has accepted the argument that the elements «-MED» and «-CYD» are formants and drew attention to their strong elements that ensure memorability and associativity of notations. The connecting vowels “o” and “a” do not affect consumer perception, therefore the compared designations are confusingly similar. 

Products’ packaging confusion was also observed due to the use of similar elements: images, arrangement of objects on the packaging, color scheme and shape of the packaging.

The Chamber for Patent Disputes found in favor of our client, despite strengthening the opposed position by two conclusions from the Laboratory of Sociological Expertise of the Institute of Sociology of the Russian Academy of Sciences and the conclusion of a specialist from the Federal State Budgetary Educational Institution of Higher Education RGAIS.

The client was represented in the Chamber for Patent Disputes by the senior partner, Irina Ozolina.

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