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11.02.2020

On January 30 the IP Court kept in force two «ROSNO» trademarks of the major international insurance company «Alliance» in a non-use cancellation dispute, having cut only a very old combined trademark of the series for a limited range of services. Although non-use cancellation disputes usually do not attract a lot of attention from the industry and specialists, this case was an exception. «ROSNO» brand has been widely known in Russia for insurance services since 90s. In 2012 after a number of reorganizations and transactions, the trademarks were fixes after the insurance company «Alliance». Although the use became not so intensive recently, consumers still remember the mark and its good reputation. Meanwhile, another booming insurance company «RESO-Chance» filed a series of trademark applications for «ROSNO» in difference combinations and in July attached old «ROSNO» trademarks of «Alliance» for non-use. Having refused «RESO-Chance» in most of claims, the IP Court touched interesting legal issues. First, the Court defined that if a company does not have marketing authorization for providing services from the list for which the trademark in dispute is registered, such company cannot be considered legally interested in cancelling a trademark for these services. The IP Court also supported and contributed to the relatively new court practice to sustain a widely known trademark not only for exactly those services, for which the use is proven, but also for the services homogenous to them. As a result, the most important for the client «ROSNO» trademarks have retained their legal protection in full. Dr. Aleksey Zalesov, Managing Partner of «A.Zalesov & Partners» Patent & Law Firm, and Vladislav Ryabov, Senior Associate, represented the insurance company «Alliance» before the IP Court in the dispute.

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