Local company should have known of existence of identical foreign mark when filing application


In Germaiz SA v Bonomelli SRL and Bonomelli SRL v Germaiz SA, both parties had filed an application for the mark CUORE for goods in Class 29, and both had opposed each other’s application. The Court of Appeals found that Germaiz had acted in bad faith, as it was engaged in the same field of activity as Bonomelli and could not have ignored the existence of an identical foreign mark.

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