Vienetta vendetta ends in triumph for opponent

From the most recent email circular of NJQ & Associates comes news of a recent trade mark opposition from Morocco. In essence, on 23 March 2012 a local company called Biljar El Houssine applied to register as a trade mark the word mark VIENETTA SECRET for goods in Class 25. The application was speedily published for opposition on 12 April 2012. During the two-month window for the filing of oppositions, Turkish manufacturer Suleyman Giyim Sanayi Ve Ticaret Limited filed an opposition on the following grounds:

• the applied-for mark was similar to the opponent's VIENETTA SECRET mark, which had been registered in Morocco for goods in Classes 24, 25, and 35 since March 2011;

• the mark VIENETTA SECRET had been registered in the opponent's country of origin (i.e. Turkey) since 2006 and

• the applied-for mark was an exact replica of the opponent's trade mark in terms of pronunciation, spelling and general appearance.

After full litigation, including the consideration of the facts mentioned above, the trade mark Registrar issued his decision to uphold the opposition and refuse registration.

NJQ & Associates represented the successful opponent in these proceedings.