OREANDA-NEWS. Intellectual Property Court (IPC) has examined the case on “Solnechny Kyzyl-Kum” trade mark and confirmed Krupskaya factory rights on its registration.

IPC acted as an appeal court. Initially the application on "Solnechny Kyzyl-Kum" registration was rejected by Rospatent. This decision was disputed by the lawyers of Krupskaya factory and Arbitrary Court of Moscow city acknowledged Rospatent decision on registration refusal to be void.

However Moscow Factory "Red October" appealed this decision of Arbitrary Court. According to the "Red October" "Solnechny Kyzyl-Kum" trademark was similar to their trade mark "Kara-Kum" up to confusion degree.

The 9-th Arbitrary Appeal Court has examined the case and kept the decision of the first instance court unchanged. The "Red October" was still unsatisfied and appealed to the Specialized Arbitrary Court that is considering all the intellectual property cases.

On the bases of the case examination IPC has taken a decision to remain the "Red October" appeal unsatisfied. Thus IPC remained all the decisions of the previous court instances effective. All these decisions confirm the Krupskaya rights on "Solnechny Kyzyl-Kum" trade mark registration.

"All the three stages of the Courts acknowledged the validity of our requirements. For the moment of case consideration at the IPC Rospatent has already registered „Solnechny Kyzyl-Kum“ trade mark for Krupskaya Factory on the basis of the Arbitrary Court decision that became effective by that time. It is necessary to point out that Rospatent did not appeal to the Court of Appeal and Court of Cassation on this case", - Elena Kushnareva, the head of Orkla Brands Russia Legal Department commented.