Identical Trade Mark - Iran
Energy International Company opposed the registration of applied-for trade mark by an Iranian company, Salman Farsi Manufacturing for the Latin Letter E in red & white, covering goods in classes 9 and 35, based on its prior registration for E in classes 12 and 35. The Energy International further argued that the two marks were identical and would confuse the average consumer as to the source of products and requested the cancellation of Salman Farsi' application. However, Salman Farsi asked the court to postpone the hearing in order to give it more time to file a response against the action, which the court rejected finding it unreasonable.
In order to meet the legal requirement and strengthen the claim, the Energy International filed an application for the addition of class 9 to its own prior registration of the mark in classes 12 and 35. The Iranian Court ruled in favour of Energy International and cancelled Salman Farsi's application, holding that the applied-for trademark slavishly imitated that would cause confusion among consumers. The court verdict was published on January 6, 2007 in the Indian Official Gazette.
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