In this case, the Cancellation Division of the EUIPO has ruled in favor
of Mandelay Kft., upholding their request for invalidity of the
contested mark. The Division found that the actions of the holder of
the EUTM demonstrate a breach of the duty to adhere to fair play.
The holder’s behavior is considered reprehensible both from a moral
and commercial standpoint.
The relationship between the EUTM holder and the predecessor of
the applicant’s rights imposes a minimum duty of loyalty, requiring
the holder to respect the legitimate expectations of the applicant.
However, the Cancellation Division could not identify any valid
business logic or interest for the holder in applying for the contested
mark, other than a deliberate attempt to capitalize on the earlier sign
“SCIO” and exploit it for their own benefit. This behavior obstructed
the applicant (or its predecessor) from conducting business activities
in the EU market.
The Cancellation Division deemed this conduct as lacking commercial
rationale or fair participation in competition but rather as a clear
example of bad faith. It is evident that the actions of Vicente Amodio
Merola were misleading and in direct violation of the duty to respect
the rules and exhibit fair play.
As a result of this misleading conduct, Mandelay Kft. emerged
victorious in the case against Vicente.
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If you feel that you have been affected by similar actions and suspect
any potential scams, please do not hesitate to contact us at info@scio-eductor.com. We are here to address your concerns and provide
necessary assistance. Your feedback and input are crucial to
maintaining the integrity and fairness of our processes. The official spanish partner of Mandelay is Quantum Universe.
Enclosed herewith, you will find a copy of the decision
