Class Clash in Cancellation of Trademark Application - International Law Office

Energy International Company Limited opposed an Iranian trademark application which Salman Farsi Manufacturing and Industrial Company had filed for the Latin letter 'E' in red and white, covering goods in Classes 9 and 35.

Energy International, claiming its prior registration in Classes 12 and 35 in Iran, argued that Salman Farsi had filed an application for the same trademark as it owned. It also argued that the two marks were identical and would cause confusion among consumers with regards to the source of the product. Therefore, it requested the cancellation of the Iranian application and the addition of Class 9 to its own registration.

The court decided that the Iranian trademark was identical to Energy International's trademark and confirmed that this would cause confusion. It also announced that the two marks covered goods in Class 35. Therefore, it ruled in favour of Energy International. Consequently, Energy International was allowed to add Class 9 to its application and the Iranian application was cancelled.

The court verdict was published on January 6 2007 in the Iranian Official Gazette.

For further information on this topic please contact Mohammad Badamchi at HAMI Legal Services Inc by telephone (+98 21 204 36 84) or by fax (+98 21 204 36 86) or by email (info@iranip.com).