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Landmark Victory for Zunic Law in Trademark Challenge Dispute Involving Bad Faith

17/01/2024

Zunic Law is delighted to announce yet another major triumph in a trademark dispute involving allegations of filing a trademark application in bad faith. We have recently received a favorable Appellate court decision in a case spearheaded by Partner Tijana Žunić Marić, representing our client, Petroprocess.

The victory involved a comprehensive challenge to the opposing party’s trademark and considering the scarcity of domestic case law on this matter, particularly at the time of filing, this achievement underscores the significance of our efforts. Namely, Zunic Law had previously won before the first instance court, Higher Court in Belgrade, proving that the applicant for a trademark in the word “Petroprocess” was acting in bad faith. The appellate court confirmed these findings in the second instance.

This success extends to another case where we secured protection for our client’s business name before the Commercial Court in Novi Sad. This dual win showcases a commitment to navigating complex legal landscapes and delivering exceptional outcomes for our clients, often drawing on the principles in foreign intellectual property case law.

Reminder of Past Success:

This recent achievement builds upon our past success in a similar legal battle for Petroprocess. In May 2021, our team secured a favorable ruling from the Commercial Court, prohibiting the use of part of the name “Petroprocess” by another entity due to unfair competition arising from the similarity of business names. This victory not only protected our client but also contributed to the evolving landscape of intellectual property and unfair competition jurisprudence in Serbia.

Legal Implications:

The significance of these victories extends beyond individual cases. They contribute to the development of case law, especially with regards to the bad faith applications and registrations of trademarks where legal frameworks are still evolving. Our commitment to establishing legal precedents ensures that businesses like Petroprocess receive the protection they deserve in an increasingly competitive market.

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