Our client, “Ulker Gida Sanayi Ve Ticaret AS” has filed trademark application for the registration of “ULKER COLA TURKA” in class 32 under No. 138386 dated 3 August 2005 which was published and not opposed.
The Iranian trader, Mr. Mahmoud Bihamta, and owner of trademark “TURK” No. 124164, dated 23 August 2005 has filed a cancellation action against the above application.
The plaintiff’s suit was based on the following:
- Similarity with his trademark “TURK”.
- Prior date of registration of his trademark in Iran.
In our defense argument, we have submitted evidences to the court involving the following:
- Our client has prior registration abroad (in Turkey in 2003) of his trademark to the plaintiff’s trademark.
- Our client’s trademark is registered in various countries in the world prior to the plaintiff’s trademark.
- Prior use by our client for his trademark.
After full litigation and considering the above, the presiding judge has issued a final verdict ruling in favor of our client’s over the plaintiff Mr. Mahmoud Bihamta, thereupon the latter’s case has been abolished.
If you have any questions regarding the above, kindly contact us at [email protected].