4 Лютого 2021

IPSTYLE defended the trademark rights of the Ukrainian pharmaceutical company Rik Pharm

Ukrainian pharmaceutical company, Rik Farm LLC, requested IPStyle to assist in the early termination process of the opponent's trademark due to non-use.

The opponent is a pharmaceutical company that owned the trademark confusingly similar to the clients' trademark.

In the client's interests, we conducted a detailed analysis of the opponent's activities and collected evidence confirming that the opponent had not used the TM for at least 5 years in selected classes of the International Classification of Goods and Services.

To reduce the potential "blurring" of the client's trademark, to avoid losing its uniqueness and to preserve the possibility of using it, the IPStyle team filed a claim for an early termination of the opponent's TM. The court of first instance ruled in favor of our client and terminated the certificate for the disputed TM for all the goods for which it had been registered. The opponent appealed the above-mentioned decision to the court of higher instance (the Northern Economic Court of Appeal), but the court rejected the appeal and left the decision of the court of first instance unchanged.

Thus, IPStyle's strategy worked successfully and the client's interests were defended in two court instances.

Team

Mariya Ortynska Mariya Ortynska
Managing Partner, Patent and Trademark Attorney, Attorney-at-Law
Oksana Padokh Oksana Padokh
Senior IP Lawyer, Litigation and Enforcement Practice, Attorney-at-Law
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