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The Court for Intellectual Property Rights prematurely terminated the legal protection of the trademark "Angara" in class 33 class of the Nice Classification

Date: 22 April 2014

Our client the company ZAO "Angara" (Irkutsk Region) has been engaged in manufacturing alcoholic products under the brand name "Angara" since 2004. Unfortunately, only in 2012 the company filed two applications with the Rospatent for the registration of its trademarks containing the wording "Angara".

In March, 2013 the examination at the Rospatent gave a written notice of the results of the checking for the compliance of the marks claimed with the legal requirements and concluded that the marks were confusingly similar to the trademark "Angara" No. 386346 registered in the name of a certain OOO "Angara".

In October 2013 the Rospatent communicated its decision to ZAO "Angara" about the refusal of the registration of the trademark under applications Nos. 2012710883 and 2012710914 because they had been considered confusingly similar to the trademark "Angara" No. 386346.

Having been refused in registration of its trademark, ZAO "Angara" applied to PATENTUS LLC. The lawyers of the company prepared and submitted an application to the Court for Intellectual Property Rights of early termination of legal protection for trademark No. 386346 within the Russian Federation due to its non-use in respect of the goods in class 33 of the Nice Classification.

In the statement made at the hearing by the lawyers of PATENTUS there was information confirming that the defendant OOO "Angara" was not engaged in the production of alcoholic beverages and did not hold a license to the manufacture, storage and sale of alcoholic products.

On April 21, 2014 the Court for Intellectual Property Rights granted the claim and the legal protection of trademark "Angara" No. 386346 was prematurely terminated. Now our client has the opportunity to register its trademarks and lawfully continue their commercial use as well as to protect the rights to the brand "Angara".




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