Our client, Joint Stock Company “August” Inc., a Russian pharmaceutical company, instructed us to file a trademark application for “Nomad” in Morocco for classes 1, 5, and 44. The application was filed on 22 July 2011 and assigned Application No. 139221.
The above application was published in the Official Gazette No. 2011/15 on 11 August 2011. The Moroccan pharmaceutical company and the owner of the trademark “NOMADOL”, Laboratoire Novopharma, filed an opposition against Nomad to halt the registration procedure of the pending application. Their opposition was based on the following:
- The alleged similarity between our client’s “Nomad” mark and their “NOMADOL” mark, which is registered in Morocco as Registration No. 120429 in class 5 on 11 December 2008;
- The Opposer claims that the registration of our client’s mark will confuse the public as of the origin of the products, therefore, leading to unfair competition, and
- The registration of Nomad contradicts with Trademarks Laws and International Conventions.
In response, we submitted a counterstatement against the Opposer based on the differences between our client’s trademark “Nomad” and their “NOMADOL” in terms of the pronunciation and general appearance, and supported our argument by prior registrations of the trademark Nomad worldwide.
After reviewing the evidence in hand, the Trademark Registrar issued his decision in our favour allowing the trademark to register.
For more information please contact our Morocco office [email protected].