Lidings’ IP team has successfully secured recognition of the Doppelherz brand as a well-known trademark specifically for dietary supplements, setting a valuable precedent. The interests of the client, the German pharmaceutical company Queisser Pharma, which owns the brand, were represented by Boris Malakhov, Partner, and Vladislav Ryabov, Senior Associate.
Upon review of the dispute (link in Russian), the Intellectual Property Court reversed Rospatent's decision and recognized the trademark as well-known without remanding the case for reconsideration. Notably, the court retroactively established the trademark's well-known status, dating back to September 1, 2019.
The legal position has not only reinstated the client's rights but also expedited the process. Considering the procedural timelines, the client saved 7-12 months, which would have been needed for a new review of the case by Rospatent.
In ratio decidendi, the IP Court affirmed the concept of reputation formed by the group of entities (upon the merits of the case – the manufacturer and distributor) and highlighted the substantial evidence base prepared in the client's interest.
The well-known trademark status provides significant legal and reputational advantages. Currently, fewer than 300 trademarks are recognized as well-known in Russia, and the practice of adjudicating disputes in this category is actively evolving.
The decision regarding the Doppelherz trademark is particularly noteworthy due to the court's opinion that well-known status of a trademark can be established in court without a new consideration by Rospatent.
Lidings Partner Boris Malakhov comments on the case:
Our team has a vast practical experience in cases involving well-known trademarks, particularly, in Life Sciences, FMCG, Chemicals. We are pleased that we have not only protected our client but also set an important precedent in disputes about well-known status. It's particularly valuable that such a well-known status has been granted to a European company, affirming equal opportunities for both domestic and foreign businesses.
According to Alexey Mikhailov, the CEO of Queisser Pharma in Russia, recognition of the Doppelherz brand as well-known is a significant achievement, confirming the high quality of its products and the trust the brand has earned from consumers over its long-time presence in Russia.
We are delighted with the result and are grateful to the Lidings team for their creativity and determination in achieving the set goal!
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Lidings has extensive experience in Life Sciences sector providing leading pharmaceutical and healthcare sector companies with comprehensive legal advice and representation in respect of regulatory issues, routine commercial activities, tax and antitrust matters, intellectual property, personal data protection, resolution of disputes and bankruptcy assistance.
The firm is annually recognized for its expert industry knowledge by the leading Russian and international legal directories as Pravo-300, Kommersant, Chambers and Partners, LMG Life Sciences.