Portugal:

Thermax Limited is also the registered owner of the mark “ ” in Class 11 across the European Union. In Portugal, Aquecinox Limited (Applicant) filed an application for a similar mark i.e., “ ” in the same Class i.e., Class 11. Given that Portugal is a member of the European Union, RKD, on behalf of Thermax, filed an opposition on based on Thermax’s prior EU registration.

The Portuguese Trademarks Office reviewed the case and issued a ruling outrightly rejecting the application in Class 11. The Registrar held that, there were substantial visual and phonetic similarities between the marks, along with a clear overlap in the goods covered under both applications, which could not only cause consumer confusion but also imply an association of the impugned mark with Thermax’s established goodwill & reputation. The Applicant did not appeal against the decision, confirming the success of the Opponent i.e., Thermax’s opposition in Portugal.

The favourable outcomes in the Czech Republic and Portugal highlight RKD’s expertise in defending and enforcing Thermax’s IPR which played a crucial role in cementing Thermax’s position in the international market. These recent successful orders underscore the importance of vigilant trademark protection and strategic legal approach in preserving the integrity of global brands as well as serve as valuable precedents for businesses to protect their intellectual property from potential infringement in international market.