Laboratoires Medis, a Tunisian Company has filed on 16 October 2009 a trademark application for “ESORAL” in class 5 under No. T091338 which was published in the Official Gazette on 29 July 2010.
Our Client, “IVAX Pharmaceutical s.r.o”, a Czech company, and the owner of trademark “EQUORAL” filed an opposition against the above application.
Our opposition was based on the following:
- The opposed trademark application “ESORAL” is confusingly similar with our client’s trademark “EQUORAL” in terms of pronunciation and the general appearance.
- Our client is the legitimate owner of the trademark “EQUORAL” in home country and abroad.
- Our client has priority in using and registering their trademark in home country, Tunisia and other jurisdictions around the world.
- The trademark “EQUORAL” is considered among the well-known trademarks and is associated in the name of our client.
The Court, after reviewing the above merits and the supporting documentary evidences thereof, has issued its favorable decision ordering the Trademark Office to accept our opposition and to subsequently reject the registration of the opposed trademark application in Tunisia.
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