PATENTUS Lawyers achieved an annulment of trademark BAIKAL-EM

Date: 24 January 2019

Managing partner Dmitry Markanov and associate Tatiana Savinykh on behalf of client have filed an objection against granting of legal protection to the trademark BAIKAL-EM (3, 5 classes of The Nice Classification cleaning products, perfumes and cosmetics; antiseptics) to the RUPTO. The reason of filing an objection was an absence of authorized bodys permission for the registration of the trademark.

Nowadays permission of authorized body is been requiring for registration of designation related to cultural or natural heritage site as a trademark. In 2006 at the time of the trademark registration such provision of law did not exist.

PATENTUS lawyers used federal act Protection of the Lake Baikal and established to college of RUPTO, that the trademark had been registered unlawfully. The Lake Baikal was already vested with protected status when filing receipt was received.  Permission of authorized body to use the name of the lake for trademark registration was compulsory.

RUPTOs College accommodated arguments of Dmitry Markanov  and Tatiana Savinykh and terminated legal protection of the trademark Baikal-EM. This is the first time related laws have been applied for determination.

Thank You!