DCC 384/00

This case involved ownership of a trademark registered with the Ministry. A key issue in this case was the effective date of registration. This was as of the date of the application's submission.

Background

A claim was brought by a company claiming ownership of 'AXE OIL', the trademark and agency of which was registered with the Ministry in the defendant's name. The defendant had acquired registration of the trademark in 1995. The claimant filed the claim in 1999, and the defendant stated it was the owner of the trademark. It had also been promoting products and receiving goods from manufacturers. The defendant demanded the claimant be prevented from using the trademark, and from it being registered in the claimant's name. The court of first instance rejected the claim, and the appeal court overturned the decision.

Decision