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Special Issue Related to Judgments and Decisions
Vs.

Our client, Solen Cikolata Gida Sanayi
Ve Ticaret Anonim Sirketi, a Turkish Company, filed the trademark
application VIP and chocolate bar device with red color, as above,
for registration under No. 102090 dated 21 December 2005 in Class 30
in respect of chocolates, products covered with chocolate and candy,
chocolate bars, wafers, cakes, biscuits and confectioneries.
The above application was published on 28 July 2006 and open for
opposition within 3 months.
Mars, Inc. opposed the above application based on confusing
similarity with its well-known trademark MARS, and claiming that
since both marks are in the same font and using the red color this
will give the impression to the public of a connection between them.
After several hearings and a full trial, the Bureau of Grievance
(Supreme Court) found that the red color falls in the public domain.
The general appearance of both is different and accordingly, the
likelihood of confusion to the consumer did not exist.
The plaintiff was not satisfied with the Judgment and requested a
Special Court to review the decision, which in its turn confirmed
the judgment of the Bureau of Grievance.
You may contact
saudi-arabia@qumsieh.com for more information.
Lebanon:
Conflict between:-
Vs.
MAYSA
Our client, MARSA KRAFT FOOD SABANCI
GIDA SANAY VE TICARET ANONIM SIRKETI, is the owner of Lebanese
trademark registration No. 89657 MARSA in Classes 29, 30 and 32, in
respect of the class headings of each class, since 28 January 2002.
The Union Nutrition and Provisioning Company on 11 November 2002
registered the trademark MAYSA in Class 29 under No. 92375 for the
same list of goods as MARSA.
As you may know, in Lebanon the mark is published after registration
and subject for a cancellation action before the Administrative
Court within 5 years of the publication date.
Our client has based his action on prior use and registration in
Lebanon and abroad, and claims confusing similarity between both
marks.
After full litigation the Court decided to cancel registration No.
92375 MAYSA in the name of The Union Nutrition and Provisioning
Company.
For further information, you may contact
legal@qumsieh.com.
Jordan:
Recognition of Well-Known Trademarks
Mustafa Al Sharawi Sons Co. a local company has
applied for the registration of the trademark ALBA in Class 30 in
respect of confectionary, chewing gum, toffee, nougat, candies. The
application was published in the Official Gazette No.375 dated 28
November 2007.
Our client, Seiko Holdings Kabushiki Kaisha, uses and owns the
well-known trademark ALBA in class 14 in respect of watches, clocks,
other horological instruments and parts thereof, in Jordan and
abroad, and filed an opposition against the said application.
We based our case on the well-known trademark of our client, the
registration of ALBA, even if in another class, as this will confuse
the public regarding its connection with Seiko.
After full litigation, the Registrar decided to cancel the opposed
trademark ALBA in Class 30.
If you have any question regarding the above, please contact
Jordan@qumsieh.com.
Jordan:
Customs
Measurement against Counterfeited Products
Our client, Danfoss S/A, a Danish company, owns
the well-known trademark Danfoss in classes 7, 9, 11 and 12, which
is registered and protected in Jordan as well as abroad.
A local company named Al Majthop Corporation for Refrigerators
imported compressors, filters and filter dryers from Dubai under the
name Danfoss.
The Customs, together with the coordination of The Jordan Institute
of Standards and Metrology, suspected that the Danfoss imported
goods were not genuine; as we are the address for service at the
Trademark Registry, they contacted us to check the authenticity of
the imported products.
After we forwarded digital photos to Danfoss S/A, as well as
consulting with their local distributor, it turns out that the goods
are counterfeit Danfoss.
Immediately, we notified the Customs that we are proceeding in
filing a criminal case, and we were able to obtain a Seizure Order
from the Judge of Urgent Matters within eight days from the
notification letter date, as per practice.
After prosecution, the defendant agreed to sign an undertaking and
destroy the fake goods.
If you need further information about our activity against
counterfeited products, please contact
legal@qumsieh.com.
Please Circulate
For further information
about any of the above please contact
info@qumsieh.com. |
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