The Intellectual Property Rights Court ruled against the Russian company’s attempt to register the trademark of a company that had exited the Russian market.

Rospatent refused registration of the trademark “Latisse” for eyelash growth stimulators under Russian trademark application No. 2022727161 submitted by the “Beautymarket” company. This decision was based on the fact that the trademark was already known to Russian consumers through its usage by the foreign company “Allergan, Inc.” for similar goods.

In addition, Rospatent identified a potential for confusion between the claimed trademark and the previously registered trademark “LEUTHYS” for similar goods in the name of another party. Despite the opposition filed by “Beautymarket”, Rospatent maintained its decision to refuse the registration.

Rospatent highlighted that information about the “Latisse” product of the “Beautymarket” company was widely available on the Internet before the trademark application was filed, indicating its familiarity to Russian consumers. They also emphasized that the product continued to be sold in Russia despite exit of the “Allergan, Inc.” company from the market.

Moreover, Rospatent pointed out the presence of similar products with the label “analog of Latisse” in the Russian market, indicating the widespread recognition of the “Latisse” trademark among consumers.

Consequently, Rospatent concluded that the trademark was misleading consumers about the true manufacturer of the goods. Rospatent further noted that “Beautymarket” did not provide sufficient justification for their claim to a trademark already in use by another party for similar products, deeming it a contradiction of good faith in commercial practices.

In the first instance, the Intellectual Property Rights Court (case No. SIP-457/2023) rejected Rospatent’s arguments. However, the decision was overturned by the Presidium of the Russian Intellectual Property Right Court (case No. С01-2301/2023), which upheld Rospatent’s Refusal.