Bronislavs Baltrumovics, senior lawyer and trademark attorney of Agency TRIA ROBIT, helped Muhammad Azeem and LLC “Mishel Azeem and Company” successfully protect the company’s trademark from an attempt by a former partner to register a trademark in his name illegally and in bad faith.
On November 25, 2019 the Industrial Property Board of Appeal examined the opposition, which was filed on August 30, 2018 by LLC “Mishel Azeem and Company” and the owner and board member of company Muhammad Azeem against the registration of the trademark HASANA KEBABS (fig.), reg. No. M 73 005, in respect of services of Class 43, owner of the mark: Syed Qasim Abbas Bukhari. The opposition was based on point 4 of chapter 3 of article 9 of the law “On Trademarks and Indications of Geographical Origin” due to the fact that the opponent acquired the right to a trademark in Latvia before the date of the challenged application, namely the right to an unregistered trademark, which gives rights to prohibit use of contested trademark, and chapter 2 of article 6 of the same law due to the fact that the application for registration of the contested trademark was clearly made in bad faith.
Although the Board of Appeals considered that the evidence provided did not substantiate the applicant’s reference to point 4 of chapter 3 of article 9 of the law “On Trademarks and Geographical Indications” (a previously unregistered trademark), the Board of Appeals found that the provided evidence showed that the behavior of the owner of the contested trademark contradicts good business practice, and the application for registration of the disputed mark was filed in bad faith, since the owner of the disputed mark, who was also co-owner and board member of LLC «Mishel Azeem and Company», mistakenly believed that he is the only holder of the rights to this sign. The decision of the Board of Appeals was not appealed and entered into legal force.