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.
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