The Commercial Court number 2 of Barcelona has annulled the registration of the trademark Pacha in the class for financial, monetary and real estate insurance services by a private individual who was found to have acted in bad faith. The defendant was a co-owner of the community of heirs of the partnership Promociones Pacha Internacional SA, which was deregistered in 2007, and applied for registration of the trademark in 2016.
The court found that the defendant made the request knowing that the plaintiff, a company that participates in the Pacha nightclub conglomerate, also operated in the field of hotel and lodging, and that there was a likelihood of confusion or association between the opposing marks. The judge also rejected the defendant’s claim that the Pacha trademark lacked renown on the relevant date and did not cover real estate services.
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