The Supreme Court made a final decision on the rights to the well-known trademark “Corvalol Corvalolum”
On January 18, 2023, the Supreme Court of Ukraine overturned the decision of the Appeals Chamber of the Ministry of Economic Development to recognize the designation “Corvalol Corvalolum” by JSC Farmak as well-known.
The Supreme Court, in an expanded collegium, agreed with Darnytsia’s arguments in favor of the illegality of the Appeals Chamber’s decision and overturned the appeals court’s decision, which was in favor of Farmak JSC.
It is decisive that this is the first decision of the Appellate Chamber regarding the recognition of a trademark as well-known, which was annulled in court.
The dispute between Darnytsia and Farmak has been going on since at least 2004, when Farmak claimed it had exclusive rights to Corvalol. Since that time, the “Darnytsia” company has consistently defended the right to its own trademark through the courts of various instances. In 2011, and then in 2019, the court confirmed the company’s right to own the “Corvalol-Darnytsia” trademark.