AMINOSPEED trademark dispute escalates as owner files complaint against DeltaChem and Kingenta

The owner of the European Union trademark AMINOSPEED, Kiss Iosif Karoly, has escalated a dispute over the use of the designation by SF DeltaChem Iberia, DeltaChem International and Kingenta, according to a September 11 press release. The trademark owner says he has filed a criminal complaint with the Provincial Prosecutor’s Office in Almería and initiated European Union customs protection measures over what he describes as unauthorized use of the AMINOSPEED trademark. The claims have not been adjudicated by a court.

According to the release, Karoly holds EUTM No. 019354444 and sent formal notices to the three companies on August 11, requesting that they stop using the AMINOSPEED name and provide information about the legal basis for their use of the designation, including any registrations, licenses, authorizations or agreements. The trademark owner also said he was preparing potential civil claims for damages. The EU customs measure, according to the release, allows authorities to intervene when goods suspected of carrying the trademark without authorization are identified, but does not itself establish that an infringement has occurred.

SF DeltaChem Iberia General Manager Angelo Tjhie disputed the account in a response to Fertilizer Daily. “I have put it in the hands of a lawyer,” he said. “For your information, we have been selling Aminospeed long before the registration by the other entity.” The response indicates that DeltaChem disputes the trademark owner’s characterization of its use of the AMINOSPEED name, but does not provide further details about the company’s legal position.

The trademark owner’s release identifies SF DeltaChem Iberia as the manufacturer of the product marketed under the AMINOSPEED designation, while it says DeltaChem International is responsible for the relevant website and Kingenta promotes the product through its international commercial infrastructure. The release also states that alerts concerning the alleged unauthorized use were submitted through the EU IP Enforcement Portal to several European authorities, while explicitly noting that such notifications do not constitute findings of liability or guilt.

The central issue in the dispute is therefore whether the companies had a legal basis to use the AMINOSPEED designation and, as DeltaChem asserts, whether their commercial use predates the trademark registration relied upon by Karoly. The available statements establish the parties’ differing positions but do not resolve the underlying trademark dispute.