Background

Two businessmen registered two trademarks which were similar and shared the word “Nice” in them on a number of products. They claimed that their businesses was successful and had become identifiable by customers. However, a third businessman requested the registration of a trade mark that also included the word “Nice” within a combination of words such as “Nice Goly”. The two businessmen objected to the registration of the similar trademark; however, the registrar of the trademarks dismissed the objection claiming that there was no similarity between the trademarks. The businessmen then brought a claim requesting the suspension of the registration of the similar trademark and requested compensation for the damages that they had suffered as a result of using the similar trademark in the market. The Commercial Court of First Instance requested the businessman to stop the registration of the similar trademark. The businessman appealed the ruling before the court of cassation.

Decision