Identity of services in one class leads to E mark refusal

A court in Iran has upheld the opposition filed by Energy International Company Limited to an application to register the letter 'E' in red and white as a trademark for goods in Classes 9 and 35 of the Nice Classification.

Energy International claimed that the application filed by Salman Farsi Manufacturing and Industrial Company was identical to its own prior mark registered in Classes 12 and 35. Energy International argued that the marks' identity would cause confusion among consumers with regards to the source of the product. Therefore, it requested the cancellation of the application and the addition of Class 9 to its own registration.

The court held that Salman Farsi's application was identical to Energy International's trademark and because the two marks covered goods in Class 35, they were confusingly similar. Therefore, the court ordered the cancellation of Salman Farsi's application and allowed Energy International to add Class 9 to its registration.

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

Mohammad Badamchi, HAMI Legal Services Inc, Tehran