Italian footwear company kicks out local application

GEOX is a trademark owned by Italian footwear company GEOX SpA, which was founded by Mario Motetti Polgeto in the 1990s. The company's website explains that the GEOX brand name "comes from a mixture of the Greek word 'geo' (earth), on which we all walk, and 'x', a letter-element symbolizing technology".

Pars Optic Co, an Iranian company that produces various kinds of eyewear filed a trademark application for the mark GEOX covering goods in Class 9 of the Nice Classification.
GEOX SpA filed an opposition against the Iranian application, claiming ownership in Classes 3, 9, 14, 16, 18, 20, 21, 24, 25, 28 and 35 and international use of the mark. It further argued that the fact that the marks were identical would cause confusion among consumers.

Even though the registration of the GEOX mark in Iran was still pending, the court ruled that the mark belonged to GEOX SpA and was in prior use. Moreover, the mark formed part of the company's name. Pars Optic had infringed the mark and registration in Iran would cause confusion among consumers, in particular with regards to the export of goods.

The court ruled in favour of GEOX SpA and ordered the cancellation of the application.

The decision was published in the Iranian Official Gazette on August 9 2006.

Mohammad Badamchi, HAMI Legal Services Inc, Tehran