IP Courts > Cancellation of an application for imitation |
| Cancellation of an application for imitation | December 21, 2003 | Mr. Keyvan Agah, an Iranian individual, filed an application for the registration of the trademark AGHACHI together with an apache device for restaurant services in class 35, as well as for the mark AVACHI and the same device for goods in classes 29, 30, 35.
The Texas Rice Export Inc. opposed the applications based on its APACHE trademark and apache device registered in class 30 claiming confusing similarity of the marks and bad faith of the applicant.
At the same time, the Texas Rice Export Inc. filed a new application for his trademark APACHE & device to cover classes 29 and 30 to support and strengthen its opposition.
The court ruled for the cancellation of the AGHACHI and AVACHI applications. It held that the similarity of the marks, in pronunciation and in writing, was such that they constituted an imitation of the registered trademark APACHE and the apache device.
The appellate court upheld this decision. | | Reference: N/A |  |
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