The Court reopened a case on the right of SANOFI for a trademark “SONAFІT”

The Court reopened a case on the right of SANOFI for a trademark “SONAFІT”

26.04.2016 News

The Court reopened a case on the right of SANOFI for a trademark 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:

  • Whether the “SONAFІT” trade mark is so similar to the marks “SANOFІ” and “SANOFI”, that they can be confused with each other for a similar or the same products?
  • May the “SONAFІT” trade mark misinform the consumer with regards to the manufacturer of the goods?
  • and others.

Recently, the Court received an official conclusion of the forensic enquiry and reopened the proceedings № 910 / 16627/15.

Source: pharma.net.ua

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