PATENTUS lawyers achieved BAIKAL-EM trademark cancellation

Date: 26 September 2019

On behalf of the client, PATENTUS lawyers filed an objection to the provision of legal protection for the Baikal-EM trademark (class 3, 5 of International Classification of Goods and Services - cleaning products, perfumes and cosmetics; antiseptics) to Rospatent, due to the lack of permission of the authorized body to register the trademark.

Currently, the registration of a designation relating to cultural or natural heritage sites requires the permission of the authorized body. At the time of registration of this trademark in 2006 this rule did not exist.

Our specialists turned to the Federal Law On the Protection of Lake Baikal and proved to the collegium of Rospatent that the trademark was registered illegally. At the time of obtaining the trademark priority, Lake Baikal already had a special status. It was obligatorily to obtain permission from the authorized body to use the name of the lake.

The board of Rospatent took into account the arguments of our lawyers and terminated the legal protection of the Baikal-EM trademark, for the first time applying related acts in making the decision.

The trademark owners, disagreeing with the decision of Rospatent, applied to the Intellectual Property Rights Court. On September 25, 2019 the court ruled in favor of our client. The interests of the client in the court were represented by Alexander Lebedev and Tatyana Savinykh.

Thank You!