On March 27, the Russian IP Court invalidated the decision of Rospatent regarding the refusal of state registration of the designation for certain goods in Class 5 of the Nice Classification related to pharmaceuticals.
«A.Zalesov & Partners» client, a major Russian pharmaceutical company, applied to register 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 owned by 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 letters of consent and entering into a trademark assignment agreement. However, during the hearing at Rospatent, the transfer of exclusive rights to one of the opposing trademarks to the client was not registered, which led to Rospatent's corresponding refusal to register the designation.
Lawyers of «A.Zalesov & Partners» filed a claim 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 claimed goods in Class 5 of the Nice Classification.
The client's interests in this case were represented by Senior partner Irina Ozolina and Senior associate Julia Kolomytseva.