IP Courts > Pelikan GmbH wins the cancellation action |
| Pelikan GmbH wins the cancellation action | November 10, 2004 | Pelikan GmbH field an opposition against the Iranian company, Takran Kaveh Oil Company, seeking to nullify the trademark application for PELIKAN in Farsi script in classes 1 and 35.
PELIKAN GmbH filed a new application for PELIKAN in classes 1 and 35 based on its prior rights in classes 2 and 16 aiming to strengthen the opposition and meet the legal requirements.
Pelikan GmbH alleged that the trademark PELIKAN is a well known mark around the world and use of the mark, although for other goods, will confuse and mislead the average consumers as to source of goods.
The court found that although the goods covered by the PELIKAN application in class 1 and 35 are not similar to the PELIKAN mark held by PELIKAN GmbH but the consumers will be mislead as to the manufacturer and ruled for the cancellation of PELIKAN application filed by the Iranian company.
The Iranian company filed an appeal against the fist court decision. The Court of Appeal affirmed the court decision further holding prior use and rights of the PELIKAN GmbH. | | Reference: N/A |  |
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