Debate On Well-known Trademark Registry Expected To Be Resolved Soon

• The PTO is determined to maintain its well-known trademark registry, even though the Court of Cassation held that it has no authority to do so
• Rights owners may continue to file applications for the recognition and recordation of their trademarks as well knownbefore the PTO
• New regulation is expected to give the PTO explicit authority to keep the well-known trademark registry

Background

In 2020 the Court of Cassation concluded that the Patent and Trademark Office (PTO) had no authority to create and maintain aregistry for well-known trademarks (see here for a discussion of the possible repercussions of this decision for trademark owners).

The Court of Cassation's decision (No 2019/2980 E-2020/991 K, 5 February 2020) was then finalised, as the Court of FirstInstance complied with the decision. Although the plaintiff appealed the decision of the first instance court, the same chamber of the Court of Cassation examined the case and the appeal