It is a correct legal conclusion of the first instance court that in this case, there are two opposing trademarks, one of which is verbal and the other figurative, as stated in the judgment of the Court of Bosnia and Herzegovina number: S1 3 U 002571 10 U dated 04.04.2012 and that this gives them a certain degree of distinctiveness and this court considers that the plaintiff can not request the claim to ban the defendant from using the word "MMMM", nor to claim damages because there is no valid and proven legal basis for the compensation of damages.

This is because, according to the state of the case, it is established that the defendant's web presentation shows that the defendant does not only use the word "MMMM" but in combination with the word "NNNN" and the "N" company's recognizable logo of the "NNNN" Company, which is the same with a copy of the price list where the recognizable logo "N" of the "NNNN" Company is placed above the word "MMMM" Company. It follows that the defendant did not use the word "MMMM" as the only mark, but together with the word "NNNN", which clearly indicates the distinctiveness between the trademarks used by the plaintiff and the defendant, as well as the fact that the plaintiff and the defendant are not engaged in the same business activities since the plaintiff does not deal with the production and sale of vehicles, while the respondent is a well-known manufacturer of motor vehicles "NNNN".

Judgment of the Cantonal Court in Sarajevo, number 65 0 Ps 015144 17 Pž, dated 14.06.2017