|OUR CLIENT’S MARK||OPPONENT’S SPOTTED MARK|
ABU DHABI – Our client, Oguz Gida Sanayi Ve Ticaret Anonim Sirketi, a Turkish manufacturer, is the legal owner of the pending trademark application BLACK BRUIN in class 32 in the UAE under serial number 268852 (currently awaiting the issuance of a final registration certificate).
It came to our attention, through our Watching Department, that an application for BLACK BRUIN in class 32 was filed in UAE on 22 August 2016 by applicant Nasser Asa’da for Trading and was assigned the serial number 258738 (the Opposed Mark), which was then published in the Official Gazette as number 175 dated 2 May 2017.
Acting on behalf of our client, we filed an opposition against the Opposed Mark based on the following:
- Our client is a well-known company manufacturing products in class 32 since 1996;
- Prior registration of BLACK BRUIN by our client in the home country (Turkey) and abroad;
- Prior use of BLACK BRUIN by our client world-wide;
- Prior use of BLACK BRUIN by our client in UAE since 2015;
- The defendant was the local re-seller of BLACK BRUIN in UAE and has filed an application for registration of BLACK BRUIN in bad faith;
- The high similarity between both marks in terms of general appearance and pronunciation which may confuse the general public as to the origin of the products, and
- Registration of the opposed trademark contradicts the Trademarks Law and international conventions and will lead to unfair competition.
After reviewing the file, the Registrar issued its decision by granting our opposition and removing the Opposed Mark from the trademark registry.
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