Client: Dr. Rath Health Programs B.V. (Netherlands), producer of vitamin products under the Vitacore brand
Opponent: Ametrin FC LLC, applicant of the trademark Vitacore Plus
Case Summary
In 2022, Ametrin FC LLC filed a trademark application for Vitacore Plus in Ukraine for Class 5 (vitamin preparations). The applied-for mark was similar to the earlier Vitacore trademark owned by Dr. Rath Health Programs B.V., which has been internationally registered since 2001.
Polikarpov Law Firm filed an opposition on behalf of Dr. Rath, arguing a likelihood of confusion due to visual and phonetic similarity.
Client’s Goals
- Prevent the registration of a confusingly similar mark for vitamin products in Ukraine
- Protect the distinctive character of the Vitacore brand
- Enforce long-standing trademark rights from international registration
Case Complexity
- Visual and phonetic similarity between combined word and graphic elements
- Evidence of use and reputation of the earlier mark on the Ukrainian market
- Inability to participate in the appeal hearing due to procedural restrictions for opponents
Polikarpov Law Firm’s Strategy
- Legal assessment of trademark similarity
- Filing a detailed opposition to the Ukrainian IP Office (UANIPIO)
- Presenting a risk of confusion and unfair advantage
- Monitoring the proceedings until the final decision
Lawyers
Anton Polikarpov — Managing Partner, oversaw the case and legal positioning
Anastasiia Shevchuk — Senior Associate, prepared the opposition and compiled supporting materials
Result
On November 28, 2024, the Appeal Chamber of the Ukrainian IP Office refused registration of Vitacore Plus partially, based on the opposition submitted on behalf of Dr. Rath Health Programs B.V. The client’s arguments were fully accepted, securing the continued protection of the Vitacore brand in the Ukrainian market for vitamin products.
