June 27, 2016, the cassation instance of IPR Court upheld the decision dd March 29, 2016 of the first instance on termination of Artrin trademark in some of the goods towards which the applicant had a legitimate interest (case № SIP-581/2015).
Specialists of KIAP managed to prove the interest of the client – the International pharmaceutical company Omega Pharma, part of the worldwide PERRIGO group of companies - via a group of companies of the holding and successfully challenged the defendant's position on lack of use of Artrin trademark due to circumstances out of the defendant’s control. Moreover, KIAP carried out a large-scale work on proving a similarity of goods of 5th class of Nice Classification.
Termination of Artrin trademark will allow the client to freely register a trademark ARTERIN and, therefore, to enter the product into civil circulation under ARTERIN trademark in the territory of the Russian Federation. The ARTERIN preparation produced by Omega Pharma is a dietary supplement for cholesterol management. Nowadays the applicant sells ARTERIN product across the most part of Europe and other countries including Great Britain where it takes the leading positions among its analogues.
The interests of the client in both instances were represented by Konstantin Suvorov and Daria Chernysh.