Our team advised a client in connection with the establishment of anterior use and deleting registered by another company trade mark in the chemical industry. The case occurs upon the legal regulation of intellectual property transition from the Law on Trade Marks and Industrial Designs (LTMID) to the Law of Trademarks and Geographical Indications (LTGI) containing substantive changes to the regulation of trademarks. Both sides claim that they use the respective brand for decades, producing and selling products that wear it. The company's lawyers successfully argue that the client is a person who has used the unregistered mark under Art. 9 LTMID (abeyant). The case is developed with three instances and ends with the successful defense of the right of anterior use of the client, registration of the mark and preserves all rights to the production and distribution of chemical products that bear it, and the deletion of the trade mark of the defendant company.
Practice: Intellectual and Industrial Property [1]
Connection with other practices: Litigation [2]