On November 08, 2021, the Presidium of the Russian IP Court, as a court of cassation instance, upheld the ruling of the IP Court of July 21, 2021, which satisfied the claims of «Valenta Pharm» JSC - the client of «A.Zalesov & Partners» Patent & Law Firm - and terminated the legal protection of «Phenotropil» trademark and derivative designations.
«Valenta Pharm» is a pharmaceutical manufacturer that has been producing «Phenotropil» medication for more than ten years under a license agreement, which was terminated at the initiative of the owner of the disputed trademarks.
In the court of cassation instance, the trademark owner cited the illegality of the earlier ruling of the court of the first instance and tried to prove both the fact of trademarks use on packages and documentation and the existence of valid reasons for non-use of the trademarks, as well as the fact of the infringement of rights by «Valenta Pharm». The Presidium of the IP Court did not agree with the arguments of the trademark owner and refused to satisfy the cassation appeal.
For more details about the case, please refer to the link.