| OUR CLIENT’S MARK | OPPONENT’S REGISTERED MARK |
 |
 |
GAZA – On 19 July 2017, we filed a trademark application for registration on behalf of our client, Enka Hijyen Urunleri Sanayi Ve Ticaret Anonim Sirketi. (a Turkish Company), for PADDLERS in Gaza in class 5. The application was assigned number 23093 and then published in the Official Gazette number 60 on 28 August 2018.
The Procter & Gamble Company (a USA company) filed an opposition against our client’s application on the following grounds:
- The similarity between our client’s mark and their registered trademarks “Pampers” in several designs, classes, and countries;
- Prior registration and extensive use of the brand “Pampers” worldwide, including Jordan, and
- Allowing the registration of PADDLERS will confuse the public as to the origin of the products and contradicts Trademarks Law and international conventions.
In response, we submitted counter-arguments based on the following:
- Our client’s mark was filed in accordance with local Trademark Law and received no refusals by the examiner or the Trademarks Office due to the lack of the alleged similarity;
- Lack of confusion between both marks in terms of appearance, sound, connotation, and commercial impression;
- Use and registration of PADDLERS worldwide including the home country (Turkey), and
- Both marks have two (2) different meanings in Arabic when translated from English.
The Registrar accepted our arguments, issued a favourable decision rejecting the opposition raised by The Procter & Gamble Company, and ordered our client’s application to register.
For more information, please contact gaza@qumsieh.com.