Planette Battery SARL, a Moroccan Company, filed a trademark application for “Platin Battery” in class 9 No. 122427 on 17 March 2009, which was published on 11 June 2009.
Acting on behalf of our client, YİĞİT AKÜ MALZEMELERİ NAKLİYAT TURİZM İNŞAAT SANAYİ VE TİCARET ANONİM, a Turkish company, we filed a cancellation action against the above application based on:
- Bad faith of the defendant, since he was our client’s local distributor in Morocco.
- Filing the subject trademark by the defendant lead to unfair competition and harm our client’s interests.
- Our client is the sole and legitimate owner of the trademark “PLATIN BATTERY” around the world.
- Prior use and registration of “PLATIN BATTERY” by our client.
- The registration of the mark by the defendant violates the provisions of Paris Convention and local laws.
- The trademark “PLATIN BATTERY” is well-known and is associated with the name of our client.
- Due to the fact that our client’s trademark is well known, then accepting the registration of the defendant’s identical trademark will lead to public confusion.
Considering the above, the Registrar has issued his decision in favor of our client by canceling the registration of the defendant Planette Battery SARL.
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