Specialists of Foreign Patent and Trademark Department managed to register the client’s trademark in Turkey despite the objection of the local company
ALLİANCE KOZMETİK SANAYİ VE TİCARET ANONİM ŞİRKETİ, the owner of the MIMOZA trademark registered in relation to Class 03 goods of International Classification of Goods and Services, filed an objection at the Turkish PTO against the registration of the MODEST MIMOSA trademark for the perfume of the Swiss company and YUS’s client – C.P.C. Creative Perfume Company Holding SA. The opposing party’s registration does not specify the entire list of Class 03 goods of International Classification of Goods and Services, but indicates the main generic notions that cover almost all the goods. Therefore, initially the Turkish attorney estimated the chances for a positive outcome of the case as 55-65%.
While preparing a response to the objection, the specialists of YUS’s Foreign Patent and Trademark Department discovered in the Internet that the opponent’s trademark is used only for hair dyes and creams. Therefore, when submitting a response, they also sent a request for the Turkish company to provide confirmation of the trademark use as 5 years had already passed from the date of its registration. Since the opposing party, as expected, provided evidence of use only in relation to the above products, the specialists of Foreign Patent and Trademark Department managed to successfully contest the objection, after which the Turkish PTO registered the client’s trademark in full.