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Challenged the trademarks non-use claim

Client: Gambramedical - Russia's largest supplier of Swedish medical equipment.

Problem: in the middle of the “zero” years, the Swedish medical equipment manufacturer Gambro gave the Russian client of our company is entitled to exercise the registration and protection of intellectual property rights on a range of products this manufacturer. In response to the request the client has registered and introduced into civil circulation 3 trademark ArtiSet, SoftPack, Innova. In 2015, the Swedish manufacturer has changed ownership in the American company Baxter, which has decided to prematurely terminate the legal protection for these trademarks.

Our work in the project: the Foundation of the company Baxter in all three claims was the allegation of non-use by the customer of the trademarks from the moment of their registration until the date of presentation of the claim to the court. The lawyers of our company have been tasked to find evidence of the use by customer of the trademarks and the introduction of commercial products with their use in the civil turnover.

The case before the court:Central discussion point in the intellectual property rights court in whose jurisdiction is such category of cases was the question of applying the provisions of paragraph 2 of article 1484 of the civil code taking into account the customer's documents on the distribution of goods using all three trademarks on the territory of the Russian Federation

The numbers of cases in court:

No. SIP-205/2016

No. SIP-206/2016

No. SIP-207/2016

Result:the legal protection needed by the client classes of the nice classification in all three trademarks were saved.