Comments of the partner Valeria Selivanova in the field of intellectual rights Rospatent has deprived the company «Rosgosstrakh» of exclusive rights to «RGS ghizn’».This will complicate the recovery of nearly 150 billion rubles for «Rosgosstrakh”
Valeria Selivanova, an expert at PARADIGMA, commented on the situation related to the decision of the Federal Service for Intellectual Property of exclusive rights to «RGS ghizn’».
Facts: the Federal Service for Intellectual Property (Rospatent) has published a decision on the claim of «RGS ghizn’» to «Rosgosstrakh» regarding the trademark «RGS ghizn’ ». Rospatent ruled that Rosgosstrakh cannot have exclusive rights «RGS ghizn’ » trademark.
The Board of the Federal Service for Intellectual Property established that OOO «SK «RGS ghizn'» (owner if the exclusive rights to the trademark in dispute) obtained the exclusive rights to the trademark from the moment of its registration as a legal entity (April 18, 2004). It happened much earlier than the date when Rosgosstrakh registered its exclusive rights over the trademark (February 2, 2010). Thus, Rosgosstrakh PJSC has no grounds for making any claims regarding the rights to use the respective trademarks.
«RGS ghizn’» (renamed to «Capital Life Strakhovanie Ghizni» since September 3) requested Rospatent to invalidate the trademark legal protection in July 2018, after receiving a claim from Rosgosstrakh in the amount of 116.6 billion rubles for using the trademark. The Russian Central Bank and Rospatent were involved to the case as third parties. Subsequently, amount of the claim was increased to 148 billion rubles, taking into account the time of use of the trademark.
Valeria Selivanova, partner of the PARADIGMA Legal Group, believes that when Rosgosstrakh was registering the rights to «RGS ghizn’» trademark, Rospatent had to refuse it as it violated the law. Valeria Selivanova has also commented that currently Rospatent has recognized the registration of the trademark as void and, therefore, the insurer has no exclusive rights to it.
«Now lawyers of «RGS ghizn’» decide whether they will file a motion for admission of the decision of Rospatent in the proceedings», says a company's representative. He believes that Rosgosstrakh has actually lost the right to sue. - «The final decision will be taken only by the court,” emphasizes the representative of «RGS ghizn’».
Valeria Selivanova, the expert of PARADIGMA Law Firm is confident that the decision of Rospatent is significant and on its basis the court must reject the claim. However, the representative of Rosgosstrakh believes that the decision of Rospatent will not have a significant impact on the legal proceeding.
You can find more information on the publication by clicking the link below: