On March 27, The Russian IP Court ruled to invalidate the decision of Rospatent regarding the refusal of state registration of the designation for some of the goods of the 5th class of the ICGS related to pharmaceuticals.
«A.Zalesov & Partners» client, a major Russian pharmaceutical company, applied to register a designation as a trademark for the purpose of identifying a medicinal product. Rospatent's refusal to register the designation was motivated by the existence of previously registered trademarks in the names of other entities that were deemed confusingly similar to the client's designation.
The client managed to settle disputes with the copyright holders of the opposing trademarks by obtaining the letters of consent and concluding an agreement on the transfer of exclusive rights to the trademark. However, during the hearing at Rospatent, the transfer of exclusive rights to one of the opposing trademarks in favor of the client was not registered, which led to Rospatent's corresponding refusal to register the designation.
Lawyers of «A.Zalesov & Partners» prepared an application to The Russian IP Court for invalidation of the Rospatent decision. We were able to successfully prove that there are currently no obstacles in registering the client's designation.
The IP Court satisfied the stated requirements and ordered Rospatent to register the client's designation as a trademark for all declared goods of the 5th class of the ICGS.
The client's interests in this case were represented by Senior partner Irina Ozolina and Senior associate Julia Kolomytseva.