Opposition action filed by The Glidden Company and ICI Canada against the trademark Gripper

Arias, Fábrega & Fábrega represented The Glidden Company (also trading as ICI Paints) and ICI Canada Inc. in opposition action against the trademark Gripper, in the name of Bull-Bond MFG. Corp., a company from Puerto Rico.

This case was ruled in favor of the firm's client, based upon the article 6 quinquies of the Paris Convention as well as upon the Article 96 of the Law No. 35 of  May 10, 1996, which recognizes that the prior right over a trademark can also be established by giving evidence of its use in the international commerce or prior foreign certificates of registration. In this present case, the submission of the Canadian Certificate of Registration as evidence, was sufficient to establish the prior rights of ICI Canada Inc. over the trademark Gripper.