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12.02.2018

On February 7th, 2018 the IP Court agreed to cancel Rospatent decision due to settlement agreement of the parties, although confirmed that decision itself is not illegal. The Decision of Rospatent in question satisfied an invalidation action filed by «Golden Lady» Company, Italian manufacturer of tights, widely known on the Russian market. Rospatent invalidated «ATTIVA» trademark, registered for tights and underwear in the name of a company, that has nothing to do with «Golden Lady» Group, because Rospatent agreed that such registration would cause confusion among consumers who know «ATTIVA» tights manufactured by «Golden Lady» for quite a long time before the trademark was registered. The counterparty appealed that decision in early 2016, the dispute was reconsidered by the Presidium of the IP Court twice and returned back to the first instance. In the end, when the case was being considered by the first instance for the third time, the parties managed to come to a mutually beneficial agreement, due to which if the trademark in dispute is reinstated, it is to be assigned to «Golden Lady» as initial and proper proprietor of the brand. The IP Court agreed to promote amicable settlement and send the case back to Rospatent to finalize the assignment. «Golden Lady» Company was represented as advised on the case by the partners of «A.Zalesov & Partners», Alexey Zalesov, Maria Makhlina and Irina Ozolina.

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