Sunday 30 October 2011


Morocco: ORKIDE ... or ORKIDE?

Moroccan company Ruby Rough applied to register as a trade mark in Morocco the word ORKIDE (Classes 3, 5 & 35).  The application was opposed by a Turkish company, ORKİDE PARFÜM VE KOZMETİK SANAYİ ANONİM ŞİRKETİ, which was itself the proprietor of the trade mark ORKIDE.

The opposition was based on prior use of the trade mark, the fact that the opponent was the sole and legitimate owner of the trade mark in its country of origin (in addition to other countries around the world), priority of registration in Morocco and Turkey, the fact that it was considered a well-known trade mark worldwide, including Morocco, as well as asserting the Ruby Rough's application was made in bad faith.

In the face of this imposing array, the presiding Registrar issued a decision in favour of the opponent and rejected the application.

Source: NJQ & Associates news letter. For further details email NJQ here.



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