Rights protection of POLPHARMA – the biggest manufacturer of pharmaceutical products in Eastern Europe.
GLOBALBUSINESSCONSULTING, being license holder of the rights on use of the Trademark «SANBYULETEN» under the Certificate of Ukraine № 99482, registered for the goods of class 35 of Nice Classification, has filed the claim to Economic court of Kiev, where defendant was POLPHARMA office of Ukraine. In opinion of the plaintiff, the manufactured products of class 16 – sanitary bulletin, containing information about the goods of the manufacturer along with other medical information, had infringed their rights of the registration holder in regard of class 35 (Advertisement activity).
The court presided by judge Prokopenko L.V. has rejected the suit in intentions to spread the exclusive rights on Trademark for the goods not included into the list of goods and services under the registration Certificate of Ukraine №99482, to which the Trademark would be referred as descriptive.