GOURMET BEANS CASE SUMMARY
|Subject Heading:||Famous and Well-known Marks, Bad Faith, Prior Use|
|Case Name and Citation:||
JELLY BELLY CANDY COMPANY vs. TURKISH PATENT INSTITUTE and ARAN CANDY LIMITED Case No. 2010/162; Decision No. 2011/288 (1st Ankara Court of Intellectual and Industrial Rights, December 06, 2011)
JELLY BELLY CANDY COMPANY
TURKISH PATENT INSTITUTE
|Marks Associated with Goods/Services:||
Defendant's trademark application GOURMET BEANS no. 2008/50328 covering mainly confectioneries in class 30 and plaintiff’s indication THE ORÝGÝNAL GOURMET JELLY BEANS is used for identical goods.
|Nature of Case:||
Court action instituted for the withdrawal of TURKISH PATENT INSTITUTE final administrative decision based on opposition filed by the plaintiff on the grounds of risk of confusion with their famous trademark, unfair competition and bad faith.
|Overview of Decision and Ruling:||
*The plaintiff asserted that; there is risk of confusion due to the similarity between the trademark GOURMET BEANS and THE ORIGINAL GOURMET JELLY BEANS and that they acquired the right to the trademark through use before the date of application of the trademark GOURMET BEANS and that their trademark is well-known within the meaning of the Paris Convention and that lastly the defendant has filed the application in bad faith and that for this reason the last administrative decision of the T.P.I. was groundless and requested the definitive rejection of the trademark GOURMET BEANS from registration.
|Importance of Case:||
Although it is clearly determined that the plaintiff’s trademark is unknown to the local consumer for lack of use in the country and is not deemed as a well known trademark for insufficient evidence, the court action has been nevertheless accepted on ground that the trademark application has been filed in bad faith as the explanation for choosing such trademark was not found convincing.
|Contributing Firm:||Deris Attorneys At Law Partnership|