Soyuzpatent’s client won a dispute regarding the early termination of the legal protection of a conflicting trademark.
Cook Medical Technologies (USA), a major manufacturer of medical devices, intended to extend the protection of its international registration UROSTREAM to Russia. Rospatent issued a notification of provisional refusal to the extension of legal protection of the international registration to the territory of the Russian Federation due to the existence of a similar trademark owned by a local company.
In order to overcome the refusal, Sojuzpatent’s lawyers sent a pre-trial letter to the owner of the Russian mark.
Since the dispute could not be resolved within the time limits established by law, an application on behalf of the client was submitted to the Intellectual Property Court for early termination of the legal protection of the trademark. During the trial, the court considered the evidence presented and agreed with Sojuzpatent’s arguments regarding the non-use of the trademark of the Russian company.
On November 1, 2022, the court took a decision to satisfy the plaintiff's claims in full.
Therefore, the obstacle to the extension of the legal protection of the trademark in question to the Russian Federation was removed.