Aequo wins a landmark case for Darnitsa regarding the "Корвалол Corvalolum" trademark
Aequo has successfully represented Darnitsa, a leading Ukrainian pharmaceutical company, in a dispute against Farmak, Ukrpatent (UA PTO), and the Ministry of Economy of Ukraine.
On 10 December 2021 the Commercial Court of Kyiv City decided in favor of Darnitsa by cancelling the PTO Appellate Chamber’s decision on recognition the "Корвалол Corvalolum" trademark as well-known in Ukraine.
Darnitsa initiated proceedings back in 2017; in 2020, the Supreme Court cancelled the lower courts decisions and remanded the case for retrial.
Darnitsa appealed against the said decision of the Appellate Chamber due to its non-compliance with the laws. Prior to Darnitsa’s claim was filed with the court, Farmak has attempted to use the "Корвалол Corvalolum" trademark as the ground for invalidation of the "Корвалол-Дарниця" (Corvalol-Darnitsa) trademark. However, that case was resolved in favor of Darnitsa.
"The winning judgment in "Корвалол Corvalolum" case sets a precedent for Ukrainian jurisprudence, since nobody was able to invalidate in courts any decision of the UA PTO Appellate Chamber recognizing trademarks as well-known. We believe that the discretionary powers of the Chamber can not be exercised in arbitrariness manner or based on contradictory or irrelevant arguments (as in case on "Корвалол Corvalolum" decision by UA PTO Appellate Chamber)", - Tetiana Kudrytska, Partner at Aequo, comments.