A Turkish company, Yildiz Holding Anonim Sirketi ('Yildiz') filed a cancellation action before the Commercial Court, citing the following:
* prior registrations of ULKER BISKREM as word mark and in various designs by Yildiz in Djibouti, as well as the Czech Republic, Germany, Pakistan, Slovak Republic, Yemen, Kazakhstan, OAPI, Romania, Ukraine, Kosovo, Montenegro, Macedonia, Republic of Serbia, Turkey, Trinidad, Algeria, Albania, Bulgaria, Jordan, Lebanon, Iraq,
Morocco, Russia and others (there was also a Community trade mark);It appeared that Fuad had been buying and distributing Yildiz's trade marked products in Djibouti, Ethiopia, Somalia and Eritrea for the past seven years, so his opposed mark was registered in bad faith.
* prior use of the mark by Yildiz both in Djibouti and abroad.
Following a full hearing, the Court ruled in favour of cancelling Fuad's registration of the trade mark ULKER BISKREM. Yildiz was also awarded reimbursement for the damages in the amount of DJF500,000 (US$ 2,795.34).
Since the decision was not appealed within six months from notification date, it has become final.
Source: NJQ & Associates August 2014 Newsletter. NJQ & Associates acted on behalf of Yildiz in these proceedings.