News date: 21 December 2021
Ilyashev & Partners Law Firm, which represents interests of the Ukrainian Red Cross Society, has reached a final decision in the case of invalidating Ukraine’s certificate for the Med-Service trademark, used in the activities of one of the largest networks of pharmacies in Ukraine. More than 400 pharmacies of the network in question that are located in 100 Ukrainian cities illegally used the Red Cross emblem on their signs, in advertisements and on several Internet sites, in violation of national legislation and international agreements to which Ukraine has acceded.
On December 14, 2021, the Commercial Cassation Court Within the Supreme Court upheld the decision of the Commercial Court of Kyiv City and the decision of the Northern Commercial Court of Appeal in case No. 910/9564/20, which declared the Med-Service trademark invalid. State Enterprise Ukrainian Intellectual Property Institute (Ukrpatent) has already entered information into the State Register of Certificates of Ukraine for Trademarks, according to which the certificate No. 38130 for the Med-Service trademark is invalid.
The decision of the Supreme Court is final, and from now on the Med-Service pharmacy network will be forced to stop using the Red Cross emblem.
It should be noted that this is the first decision of the Supreme Court in the history of Ukraine, which considered the issue of illegal use of the Red Cross emblem. The decision in this case is extremely important and fundamental as it allows to stop numerous violations of illegal use of the Red Cross emblem in Ukraine.
The project was elaborated by Attorney at Law Dmytro Nikulesko and Lawyer Olena Sereda headed by Managing Partner Mikhail Ilyashev. Ilyashev & Partners Law Firm provided legal services to the Ukrainian Red Cross Society pro bono.
The Ukrainian Red Cross Society has a special humanitarian mandate, humanitarian initiative as a member of the International Red Cross and Red Crescent Movement, and operates under the Law of Ukraine On Ukrainian Red Cross Society and the Law of Ukraine On the Symbols of the Red Cross, the Red Crescent and the Red Crystal in Ukraine. Pursuant to the national legislation of Ukraine and international treaties, the use of the Red Cross Emblem is allowed only to the Red Cross Society and its representative offices in Ukraine.