Last year, the Commercial Court of Kyiv initiated a suit of the SANOF I company to the State Intellectual Property Service of Ukraine and to the “Kyivmedpreparat”, PJSC about completely voidance of Certificate of Ukraine on sign for the goods and services № 187104.
The object of dispute has become a “SONAFІT” trademark registered company by “Kyivmedpreparat” in June 2014. (Certificate №187104).
The SANOFI company confirms that this trademark is similar to its owned “SANOFІ” trademark (Certificate of Ukraine №144359 dated September 12, 2011) and “SANOFI” with the International registration №1094854.
“SONAFІT” TM is registered in class 5 – “pharmaceuticals and others”. At the same time, the “Kyivmedpreparat” company has not yet registered the drugs using the name “SONAFІT”, as is evidenced by the data of the State Register of Medicinal Remedies of Ukraine.
In November 2015 the court reached a stalemate in the consideration of this case: it became necessary to clarify the issues that require special knowledges. Therefore, according to the decision of the Kiev Commercial Court was appointed a forensic enquiry by the Central expert-Qualification Commission of the Ministry of Justice of Ukraine. The expert had to answer the following questions:
Recently, the Court received an official conclusion of the forensic enquiry and reopened the proceedings № 910 / 16627/15.
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