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“Novartis AG” company (plaintiff, Company) applied to the Commercial Court of Kyiv with a claim to “Pharmaceutical Group “Zdorovia”” LLC (defendant, LLC) and the Ministry for Development of Economy, Trade and Agriculture of Ukraine (Ministry) on acknowledging as invalid the Certificate of Ukraine No. 231740 on marks for goods and services as for all goods of 05 class of the International Classification of Goods and Services, for which ones the mark had been registered, as well as to oblige the Ministry to make relevant changes in the State Register of Certificates of Ukraine for Signs for Goods and Services as for acknowledging as invalid the Certificate of Ukraine No. 231740 and to publish a note about this fact in “Promyslova vlasnist” (Industrial Property) bulletin.
To justify the claimed demands, the plaintiff remarked that the state registration of a mark for goods and services according to the Certificate of Ukraine No. 231740 had been held with violation of Ukrainian law; due to this fact this certificate did not correspond with the conditions of provision with legal protection and violated its rights and interests protected by law. Such position of the plaintiff was based on the fact that the abovementioned certificate was similar to the degree of mixing up with its trademarks and was registered for related products and services, as well as could mislead somebody in terms of entity producing goods and/providing with service.
According to the plaintiff, it was the owner of marks for goods and services “Exoderil” protected by the Certificate of Ukraine No. 138108 of 26 April 2011 for goods of 05 class of the International Classification of Goods and Services (date of the claim submission – 12 April 2010); and the mark for goods and services “EXODERIL” protected by the Certificate of Ukraine No. 191155 of 25 September 2014 for goods of 03, 10 classes of the International Classification of Goods and Services (date of the claim submission – 14 June 2013).
Herewith, “Pharmaceutical Group “Zdorovia”” LLC has registered mark for goods and services “Exo-Derm” (in the form of graphic images) according to the Certificate of Ukraine No. 231740 of 11 September 2017 (date of the claim submission – 17 August 2016) registered for goods of 05 class of the International Classification of Goods and Services.
Taking into account the abovementioned, court of first instance concluded that the claim of “Novartis AG” company should be satisfied completely.
Having objections to the issued judgment “Pharmaceutical Group “Zdorovia”” LLC submitted its appeal.
With its Resolution of 24 June 2019, the Northern Appeal Commercial Court satisfied the appeal.
With its Resolution of 26 September 2019, the Commercial Cassation Court within the Supreme Court cancelled the Resolution of the Northern Appeal Commercial Court and transferred the case for the new consideration by this very court.
On 25 November 2019, having considered arguments provided in the appeal, the Northern Appeal Commercial Court concluded that the appeal of “Pharmaceutical Group “Zdorovia”” LLC should be satisfied.
On 24 January 2020 the Commercial Cassation Court within the Supreme Court opened proceedings upon the cassation appeal of “Novartis AG” company.
On 20 February 2020 the Commercial Cassation Court within the Supreme Court resolved to satisfy the cassation appeal of “Novartis AG” company.
Follow the links, to see details of the judgments in the case No. 910/20650/17:
http://www.reyestr.court.gov.ua/Review/75717857;
http://www.reyestr.court.gov.ua/Review/82739244;
http://www.reyestr.court.gov.ua/Review/84634097;
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