The Intellectual Property Court upheld the registration of trade mark “NAPROKAT.RU”
The Intellectual Property Court rejected the plaintiff's claim to hold invalid the Rospatent's decision to register the trademark. The interests of LOGITEK LLC, the owner of the disputed trademark, were represented by the lawyers of company Zuykov & Partners LLC.
Earlier, in relation to the indicated application, Rospatent has made a decision to refuse the state registration due to the confusing similarity of the applied designation with the trademarks having an earlier priority and also registered for the homogeneous services.
Disagreeing with such a decision, LOGITEK LLC, whose interests were represented by the lawyers of company Zuykov & Partners LLC, filed an objection, as well as an application to amend the applied designation. Based on the consideration results of the objection, Rospatent according to the administrative procedure decided to register the trademark according to application No. 2014727689, and after the registration certificate No. 613257 was issued.
Individual entrepreneur Yaroshinskiy A.V. applied to the Intellectual Property Court with a claim to hold invalid the Rospatent’s decision according to which the trademark had been registered and on the basis of which a certificate had been issued.
The trademark owner, LOGITEK LLC, was engaged as a non-party intervener, the interests of which were represented by the lawyers of Zuykov & Partners LLC.
In the court session, both Rospatent and LOGITEK LLC filed petitions for the termination of the proceedings, since in fact the applicant contested not the Rospatent’s decision, but a grant of the legal protection to the trademark (clause 1 of Article 1512 of the Civil Code of the Russian Federation). Meanwhile the legislation provides an administrative procedure for holding invalid the Rospatent's decision to grant the legal protection to the trademark by filing an objection to Rospatent (Article 1513 of the Civil Code of the Russian Federation).
In addition, the lawyers of company Zuykov & Partners LLC stated that the applicant had violated the three-month period for applying to the court with the aim of the restoration of the violated rights and legitimate interests.
The Intellectual Property Court examined the case files thoroughly and refused to satisfy the claims on the merits of the dispute, stating both the applicant's non-compliance with the administrative procedure established by the law for contesting the Rospatent's decisions on granting the legal protection to the trademark, and the fact that the applicant had not justified and had not provided the evidence proving the violation of his rights and legitimate interests in connection with the decision made by Rospatent.