The Court for intellectual property rights has restored the validity of the trademark "Gagarin", whose interests were represented by lawyers of the company "Zuykov and partners"
On 27 July 2016, the proceedings initiated in 2013 by the daughter of the first cosmonaut Yuri Gagarin was ended. The Court for intellectual property rights overturned the decision of Rospatent and restored the validity of the trademark no. 442186 owned by LTD «Commercial Centre «Gagarinski». The interests were represented by lawyers of the company "Zuykov and partners". The most important point in the consideration of the case was the question from the association of consumers of the verbal element "Gagarinsky" in the disputed trademark with the name of cosmonaut Yuri Gagarin or the geographic location of the shopping center located near Gagarin square and Gagarin tunnel in Moscow. The Court found that the verbal element "Gagarinsky" in the disputed trademark is the toponym - a proper noun which indicates the place of service provision. However, the toponym "Gagarin" does not apply paragraph 9 of article 1483 of the civil code, which establishes the need for permission from the substitute for the registration of a trademark containing the name of a famous person, because this rule refer the protection of the property rights of substitute, but personal non-property rights and other intangible benefits of the ancestor by paragraph 3 of article 1112 of the civil code to do not pass to the substitute. In this situation the general chronology of consideration of the case is very interesting. 04.08.2011 Rospatent registered the disputed trademark, after considering the objections Gagarina in the Chamber for patent disputes and confirmed legitimacy and legality of such registration in its decision dated 15.04.2013. The Court for intellectual property rights after two rounds of consideration of the case decided that there is a need to reconsider the objections Elena Gagarina in Rospatent. Rospatent has re-examined the opposition of the daughter of Yuri Gagarin and made conclusions opposite to the previous conclusion, and decided to cancel the trademark. Disagreed with this decision, our lawyers asked the Court for intellectual property rights, presented convincing evidence that the registration of a trademark under the certificate № 442186 is lawful and consistent with the norms of civil law. The Court for intellectual property rights came to the conclusion on the documentary evidence of the stated requirements and that the decision of the Federal service for intellectual property from 20.02.2016 No. 2010718196 (442186) is invalid as being inconsistent with the requirements of subparagraph 2 of paragraph 9 of article 1483 of the civil code. Thus, the lawyers of the company "Zuykov and partners" managed to effectively eliminate the threat to the granting of legal protection to a trademark of their client, and created conditions for the implementation of customer successful business with the use of a trademark on the Commercial Centre sign for the individualization of its services. The court decision came into the force, however, the successor Gagarin has the right to appeal against this decision in the Presidium of the Court for intellectual property rights.