The Samarkand Territorial Department of the Antimonopoly Committee received an appeal from Aventis Deutschland GmbH regarding the imports and sale of UNI FESTAL produced by Combitic Global Caplet Pvt.Ltd by BIONIC LLC and KOLIBRI LLC. The point of appeal – is the violation of intellectual property rights and the applicant’s request to investigate the case.
So, the FESTAL / FESTAL trademark of the Sanofi-Aventis Deutschland GmbH opposed the UNI FESTAL trademark of the Combitic Global Caplet Pvt.Ltd company. The importers of the latter in the Samarkand region, as indicated above, are BIONIC LLC and KOLIBRI LLC. According to the expert of the Intellectual Property Agency of the Republic of Uzbekistan, the FESTAL/FESTAL trademark of the Sanofi-Aventis Deutschland GmbH and the UNI FESTAL trademark of the Combitic Global Caplet Pvt.Ltd company are similar to the level of confusion.
It turned out that enterprises in the form of LLC BIONIC and LLC KOLIBRI did not apply to the Intellectual Property Agency for registration of the UNI FESTAL trademark.
In accordance with Article 26 of the Law of the Republic of Uzbekistan “On Trademarks, Service Marks and Appellations of Origin of Goods”, an unauthorized manufacture, use, importation, offer for sale, sale, other introduction into civil circulation or storage of the trademark or product marked with a mark, which is confusingly similar, is considered as violation of law.
In accordance with the Resolution “On approval of the regulation on the procedure for initiating and considering cases of violations of competition legislation, on natural monopolies, on consumer protection, and on advertising”, a Special commission of the Samarkand territorial Department issued an order to LLC “BIONIC” and “KOLIBRI” LLC on the termination of the import and sale of medications under the “UNI FESTAL” trademark.
Press office of the Antimonopoly Committee