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PATENTUS managed to maintain a decision on the case for a trademark previous cessation in the Court for Intellectual Property Rights

Date: 25 June 2015

In November, 2014 a company Tanaki Limited appealed to the Court for Intellectual Property Rights against a company F.A.Logistik with an application on the early termination of legal protection for trademark No. 301880 based on its non-use.

In February, 2015 the Court for Intellectual Property Rights partially satisfied the claim of Tanaki Limited and prematurely terminated the legal protection of the trademark for all the goods in class 12, part of services in classes 37, 39 and 42 of the Nice Classification.

Taking issue with this decision, the defendant, F.A.Logistik, filed a cassation appeal (Case No. -1002/2014) referring to the forfeiture of legal protection for trademark No. 301880 at the time of trial.

Tatiana Sergunina, lawyer at the company Litigation Department, told the court that the expiration of the exclusive trademark rights at the time of the case consideration by the court of first instance had not led to awarding a wrong judgement because the trademark owner had expressed his intention to extend the term of protection of the trademark (supported by a petition filed with the Rospatent), which was duly appraised by the court.

In addition, it was proved that upon the extension of exclusive rights there was no cessation of the trademark legal protection, therefore, de jure the trademark was valid at the time of the dispute consideration.

Taking into account all of the parties arguments , the Court for Intellectual Property Rights upheld the earlier court decision.




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