Our client, UGUR SOGUTMA MAKINALARI TEKSTIL SERIGRAFI BASKI MADEN VE MERMER SANAYI VE TICARET ANONIM SIRKETI, a Turkish company is the owner of the registered trademark UGUR in Class 11 in the home country and worldwide since 1992.
It came to our client’s attention that its previous distributor in Saudi Arabia, Mohammad Imad Eddin Waheeb Al Byriqdar, had registered the same trademark under number 50/1056 in class 11 in Saudi Arabia.
Acting on behalf of our client, we filed a cancellation action in the Board of Grievance against said registration based on bad faith.
Our argument stressed that there was a clear intention of bad faith by the defendant, demonstrated by the fact that he was the commercial distributor of our client in Saudi Arabia.
We supported our argument by submitting the following evidences:
- Copy of sales invoices in the name of the infringer, and
- Copy of the correspondences between our client and the defendant.
After several hearings, the Board of Grievance in Saudi Arabia issued its decision to our favor by removing the infringing trademark from the register. The counterparty did not file an appeal against the decision, therefore the decision became final.
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