Cummins Inc opposed the registration of the markGENUINE PARTS on the ground of 'genuine right ownership'The District Court ruled that Cummins had genuine rights in the mark due to its registrations in theEuropean Union andthe United States - As the applicant and Cummins operated in the same field of business, the application had been filed in bad faith
Background
The principle of 'genuine right ownership', which is regulated by Article 6/3 of the Turkish Intellectual Property Code No 6769, is a very important ground of opposition that often needs to be supported by evidence. Genuine right ownership requires, as a rule, evidence of the effective and earlier use of a mark in
Facts
The applicant filed a trademark application for the figurative mark
Cummins also alleged that the applicant's filing was in bad faith.
The amount of evidence that Cummins submitted to show its earlier use of the
Decisions
Upon Cummins' appeal, the District Court ordered the rescission of the first-instance decision and upheld the opposition.
the registrations for the trademark abroad, which showed that the trademark was considered to be "distinctive" in those countries regardless of the word elements, which might be seen as having low distinctiveness; and the fact that the applicant operated in the same field of activity as Cummins, which made it highly unlikely that the identity of the marks would be coincidental.
Comment
A claim of genuine right ownership requires, as a rule, evidence showing the effective and earlier use of the mark in
The District Court's decision, which contrasts with the decisions of the Patent and Trademark Office and the first-instance court, shows that initial unfavourable decisions should not discourage claimants when they have a good case.
Originally published
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