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Newsletter: October 2008


Newsletter September 2006

 


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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