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Description
Two well-known grocery stores, Tesco and Lidl, are involved in an ongoing trade mark dispute (https://lnkd.in/dbjV6dD5) in Tesco’s counter-claim in which Tesco argued that Lidl has registered the plain logo mark (the brand Lidl claimed to be violated by Tesco) in bad-faith as a legal weapon with no intention to use it but rather to establish a wider protection for “Lidl word ” trademark.
As you may have noted from above dispute, the dispute regards the matter of “trademark refiling/evergreening” which is also being debated in Turkish Trademark Law. As Tesco pointed out, though Lidl had a “Lidl word” trademark, he has filed a plain logo trademark first in 1995 and then refiled it successively in years 2002, 2005, 2007 and 2021, aiming to circumvent the requirement of demonstrating use of the mark within five years upon its registration.
In my opinion, it is more likely that UK Court’s decision will weigh on Tesco’s counter-claim and deny the infringement case due to Lidl’s bad-faith in refiling the logo trademark for the above reasons.
You may read the summary of the case via https://lnkd.in/dXC3Ymzj
