Farmak JSC has the exclusive right to use the “Diazoline” trademark. Such a decision was adopted by the Kyiv Commercial Court of Appeals as of March 20, 2018.
Pursuant to the court decision No. 910/20564/16 of March 20, 2008 Farmak JSC is the owner of the trademarks for the goods and services DIAZOLINE/DIAZOLINUM (certificate No. 7323 dated September 30, 1996), “DIAZOLINE” (Certificate of Ukraine No. 30054 of February 17, 2003), “DIAZOLINE” (certificate of Ukraine No. 31171 of April 15,1993).
In 2016 Farmat JSC Ltd. applied to the Commercial Court of Kyiv with a claim to recognize the above-mentioned certificates of Ukraine as invalid. The plaintiff (Farmat JSC Ltd.) based its claims on the fact that the trademarks in question did not meet the conditions for the provision of legal protection, namely that the designation “DIAZOLINE” was commonly used as a designation of goods of a certain type, and that the designation “DIAZOLINE” was a generally applicable term as of the date of corresponding claims filing.
The claim of Farmat JSC Ltd. was dismissed by the decision of the Commercial Court of Appeals. The decision of the Commercial Court of Appeals comes into force from the moment of its adoption. Therefore, Farmak JSC has the exclusive right to use the trademark “Diazoline”.
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