The parties reached a settlement agreement in the trademark case "KATYUSHA 喀秋莎"

On December 24, 2024, a hearing was held in the Intellectual Property Rights Court in case No. SIP-452/2024, concerning a lawsuit filed by SM Technologies against "First Channel. Worldwide Network" for the early termination of legal protection of the Russian Federation trademark certificate No. 652680 "KATYUSHA 喀秋莎" due to non-use.

In this case, Zuykov and partners represented the plaintiff's interests.

The plaintiff holds the exclusive rights to the trademark "KATYUSHA PRINT" under trademark certificate No. 659910 (priority date October 31, 2016), registered for goods in classes 01, 02, 07 and services in classes 36, 37, 40, and 42 of the Nice Classification. The plaintiff intended to expand its portfolio of trademarks using the verbal element "KATYUSHA."

Following an examination by Rospatent, it was determined that the plaintiff’s trademark applications were confusingly similar to the defendant's trademark concerning all goods in class 09 of the Nice Classification.

In the court session, representatives of the SM Technologies company and the First Channel company supported the petition for approval of the settlement agreement. The parties agreed that the defendant undertakes to issue to the plaintiff free of charge a letter of consent to register trademarks for applications NoNo 2024720414, 2024720382, 2024720502, 2024720493, 2024720478, 2024720372, 2024720337 for all claimed goods of class 09 of the Nice Classification, as well as not to file any objections to the registration and use of these trademarks by the plaintiff.

In addition, within 3 years from the date of approval of this settlement agreement by the court, the defendant undertakes, at the written request of the plaintiff, to provide letters of consent for the registration of no more than 10 trademarks with the word element "КАТЮША", "KATUSHA" for the purpose of their registration in the territory of the Russian Federation in relation to goods of class 09 of the Nice Classification.

According to Part 2, Article 150 of the Arbitration Procedural Code of the Russian Federation, upon approval of a settlement agreement, the arbitration court terminates the proceedings. A settlement agreement may be concluded at any stage of the arbitration process or during the enforcement of a court ruling.

As a result of the case review, the court approved the settlement agreement and dismissed the case No. SIP-452/2024. With the conclusion of this agreement, the parties consider the dispute in case No. SIP-452/2024 to be fully and finally resolved.