On 10 October, 2012, the Supreme Court of Cyprus handed down its judgment in Administrative Recourse No. 502/2009, namely, Clinique Laboratories Inc. (“Clinique”) of 767 Fifth Avenue, New York, NY 10153, U.S.A. against The Registrar of Trade Marks.
With these legal proceedings, Clinique attacked the earlier decision of the Registrar of Trade Marks with which he had dismissed Clinique's opposition to the registration of trade mark no. 56175 CLINIQUE LA PRAIRIE belonging to our client Clinique La Prairie SA of Switzerland.
The Judge of the Supreme Court who heard this Recourse agreed with our arguments, upheld the decision of the Registrar of Trade Marks and decided that this was duly reasoned and well within the scope of the Registrar’s discretionary power. As an Appeal has never been filed, our client's trade mark CLINIQUE LA PRAIRIE has proceeded to registration.
This is a significant victory for our IP Department and the case can be quoted as a precedent for general principles of Trade Mark Law and practice.