MOSCOW, January 22 (RAPSI) – The Presidium of the Russian Intellectual Property Court (IP Court) has dismissed a cassation appeal of the Russian Federal Agency for Intellectual Property, Patents and Trademarks (Rospatent) seeking a new litigation over the status of Raffaello brand in Russia.
As it follows from the court records, in October 2019 the IP Court overturned a Rospatent decision of 2018 dismissing a petition of Luxemburg Soremartec C.A. company, which asked to recognize Raffaello brand as well-known one in the Russian Federation. At that time, the court cited serious procedural deficiencies in substantiation of its decision.
Later, Rospatent turned to the IP Court Presidium seeking to overturn this decision.
The foreign company supported its petition on well-known status of Raffaello brand as concerned confectioneries (candies) by presenting respective advertisements, mass media reports, data on sales volumes, and other evidence.
However, Rospatent insisted that this evidence was insufficient to give the brand the status sought as it was not relevant to the activities of Soremartec C.A., and consumers’ awareness of Raffaello brand related rather to Ferrero group than the applicant.