Legal Alliance Defended Clients Rights for Espumisan Trade Mark in Court of Appeal
On September 29 of this year Kyiv Commercial Court of Appeal confirmed the legal opinion of Legal Alliances’ Associates in the case for partial acknowledgement of voidness of the Ministry of Health of Ukraine Decrees on registration of new medicinal product with a similar title to «Espumizan» trade mark belonging to the German pharmaceutical company Berlin-Chemie AG (Menarini Group).
Thus, in December 2013 the first-instance court relying on the results of forensic expertize restrained the competitor company from utilizing the medicinal product title being similar to the extent of trade mark confusion.
In the course of the appeal court proceeding two more forensic expertizes were conducted together with the customers survey. The obtained results made a great contribution to evidential basis of Legal Alliance team and assisted in defending the Clients’ rights for the trade mark.