Caterpillar's Brand Power Finds Fame in Jordan

Analysis

Trade Mark Cancellation Action

What

Trade Mark Cancellation Action

Who

The Complainant, Caterpillar, is a MNC with a stellar reputation built in heavy equipment and construction. 

The Respondent is the registrant of Trade Mark Registration No. 85220 in Class 3 for Cat Wax in relation to “shoe cream, shoe accessories and shoe wax” (“the Registration”). 

Why

CAT is the Complainant's house mark, which it has cultivated over decades to become a household name in heavy equipment and construction machinery. The Complainant enjoys substantial goodwill and reputation in its CAT mark.

The Registration is unauthorised and detrimental to the Complainant as its registration is likely to create confusion amongst consumers that the registration is authorised by or belongs to the Complainant or is somehow related to the Complainant. Such registration is damaging to the Complainant's goodwill and reputation and results in brand dilution of its CAT mark.

Where

Trade Mark Registry of the Ministry of Industry & Trade in Jordan (“the Ministry”)

Facts of the Case

The Respondent had registered the disputed trade mark Registration in 2006.