Ruby Rough, a Moroccan company, filed a trademark application for “orkide” in classes 3, 5 & 35 under No. 130995 dated 19 May 2010, which was published in the official Gazette No. 11/2010 dated 10 June 2010.
Acting on behalf of our client, ORKİDE PARFÜM VE KOZMETİK SANAYİ ANONİM ŞİRKETİ, a Turkish company, and the owner of trademark “ORKIDE”, we filed an opposition against the above application.
The opposition was based on:
- Prior use of the trademark “ORKIDE” by our client.
- Our client is the sole and legitimate owner of the trademark “ORKIDE” in the country of origin, in addition to other countries around the world.
- Prior registration of our client’s trademark in Morocco and Turkey “the country of origin”, in addition to other countries around the world.
- Our Client’s trademark “ORKIDE” is considered among the well-known trademarks worldwide including Morocco.
- The opposed application was filed in bad faith since the applicant used to import our client’s products that bear the original trademark “ORKIDE” in Morocco.
Considering the above during the litigation, the presiding Registrar has issued his decision in favor of our client by rejecting the defendant Ruby Rough’s application.
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