Wednesday, 30 November 2011

Morocco - local company taken to task by TM Registry

The Intellectual Property practice at NJQ & Associates based in Amman, Jordan, has alerted Afro Leo to a cancellation action filed in Morocco on behalf of one of their clients:

"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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