A local company trading under the name of Mr. Fuad Taha Ahmed Katen (FUAD) has registered ULKER BISKREM in Djibouti under No. 438/2012 on 5 December 2012 in class 30. The trademark registration was published in the daily newspaper “La Nation” No. 243 on 9 June 2011 subject to cancellation within 5 years from the publication date since there is no opposition stage.
Acting on behalf of our client, Yildiz Holding Anonim Sirketi (YILDIZ), a Turkish company, we filed a cancellation action before the Commercial Court against the above registration based on the following facts.
Prior registrations of ULKER BISKREM as word mark and in various designs by the plaintiff in the home country, as well as prior registrations of the word mark ULKER BISKREM in Czech Republic, Germany, Pakistan, Slovak Republic, Yemen, CTM, Kazakhstan, OAPI, Romania, Ukraine, Kosovo, Montenegro, Macedonia, Republic of Serbia, Turkey, Trinidad, Algeria, Albania, Bulgaria, Jordan, Lebanon, Iraq, Morocco, Russia and others.
Prior uses of the subject mark by the plaintiff YILDIZ in the home country, Djibouti, and abroad are evident.
The defendant was buying and distributing the plaintiff’s products bearing the said mark in Djibouti, Ethiopia, Somalia, and Eritrea for the past seven (7) years, so his opposed mark were registered in bad faith.
After full prosecution, the Court has ruled to cancel the trademark “ULKER BISKREM” registration No. 438/2012 in the name of the FUAD from the trademark Registry, ordered reimbursement to our client for the damages in the amount of DJF500,000 (US$2795.34).
Since the decision was not appealed within 6 months from notification date, it has become final.
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