The “JAZMATI LEATHER TRADING INDUSTRY CO/ AHMED AL JAZMATI” a Syrian company, filed on 14 June 2007 an application for the registration of the trademark “New Balance” in class 25 in respect of manufacturing and trading of shoes; footwear; underwear; outerwear; and cotton clothes (for men – kids – women) gowns, socks and sport clothes, filing No. 1190, which was published on 1 November 2008.
Acting on behalf of “New Balance Athletic Shoe, Inc.”, we filed an opposition against the above application based on:
- Our client is the creator and legal owner of “NEW BALANCE” and has registered the trademark in more than 198 countries worldwide.
- Our client’s trademark is well-known and the registration of it by a third party will confuse the public of its origin. The registration of NEW BALACE by the Syrian company is breaching the Paris Convention, since Syria is a member state thereto.
- The opposed mark is the trade name of our client.
Accordingly, the Registrar has issued a decision in our favor to stop the registration procedure of the opposed trademark; however the defendant has appealed before the Appellant Committee who has confirmed the opposition decision to cancel the application.