The court upheld the legal protection of the Vladimir Standard trademark

On 19.10.2023, Vladimirsky Standard LLC filed an application with the Intellectual Property Court to invalidate the decision of Rospatent dated 30.08.2023, adopted based on the results of consideration of an objection to the granting of legal protection to a trademark under the certificate of the Russian Federation No 272428.

BUSINESSTRUST CLSC participated as a third party that did not make independent claims regarding the subject of the dispute. Zuykov and partners represented the interests of Businesstrust in this case.

However, on 09.01.2025, Vladimirsky Standard LLC filed an application for waiver of the stated claims.

In accordance with Part 2 of Article 49 of the Arbitration Procedure Code of the Russian Federation, the claimant has the right to waive the claim in full or in part during the consideration of the case in an arbitration court of any instance before the adoption of a judicial act that ends the consideration of the case in the court of the relevant instance.

In accordance with Clause 4 of Part 1 of Article 150 of the Arbitration Procedure Code of the Russian Federation, the arbitration court terminates the proceedings in the case if the claimant has withdrawn the claim and the waiver is accepted by the arbitration court.

By a ruling dated 24.01.2025, the IP Court accepted the refusal of the application and terminated the proceedings in the case No SIP-1102/2023.

At the same time, earlier Zuykov and partners defended the interests of the defendant in another case (No SIP-43/2023) in relation to the same trademark "Vladimir Standard".

After the courts of first instance and cassation did not support the position of Vladimirsky Standard LLC in this case, the latter filed a cassation appeal with the Supreme Court of the Russian Federation.

In turn, having studied the cassation appeal of Vladimirsky Standard against the decision of the IP Court dated July 05, 2024 and the resolution of the Presidium of the IP Court dated November 01, 2024 in case No IPC-43/2023, the Supreme Court of the Russian Federation found that the arguments of the cassation appeal do not allow us to conclude that violations of the norms of substantive law and (or) procedural law were committed during the consideration of the case, that led to a judicial error.

Thus, by the ruling of the Supreme Court of the Russian Federation dated 27.01.2025 in case No SIP-43/2023, it was refused to transfer the cassation appeal to Vladimirsky Standard LLC for consideration in the court session of the Judicial Chamber for Economic Disputes of the Supreme Court of the Russian Federation.