On April 31st 2004, our client, Limabond Ltd filed a trade mark application for Mario Zignoti in class 25 in respect of all goods included in the class, namely ready-made clothes, men’s shirts, and women’s blouses, which was published on the 19th of August 2004 in the Official Gazette (Umm Al Kura), and was open for an opposition period of 90 days.
Consitex S.A and Lanificio Ermenegildo Zengna S.P.A. have filed an opposition against the said application based on confusing similarity with their prior registrations in Saudi Arabia and abroad of ZEGA, ZENA SPORT, Ermenegildo Zengna and their trade name Mario Zegna.
After several hearings, the court found that the likelihood of confusion did not exist, and issued its decision in our client’s favor.
Consitex S.A. appealed the decision before the Bureau of Grievance (The High Court of Justice).
Finally, after several sessions, the Bureau of Grievance issued its decision to reject the appeal and continue the registration procedures of our client’s trademark (Mario Zignoti).
Consitex S.A did not accept the decision and requested Special Panel of Supreme Court Judges to review the decision. In its turn, the Special Panel has confirmed the Bureau of Grievance judgment on the 5th of September 2006.