| OUR CLIENT’S MARK | OPPONENT’S MARK |
 |
 |
SANA’A – On 8 November 2016, we filed a trademark application on behalf of our client, I.J. Tobacco Industry FZE, for IJTI- I. J. TOBACCO INDUSTRY in Yemen in class 34. The application was assigned number 76722 and then published in the Yemeni Official Gazette on 25 March 2017.
Japan Tobacco Inc. (JT) filed an opposition against our client’s application on the basis of similarity with their registered trademark JTI in Yemen, number 15031.
We submitted a counterstatement based on the following:
- Lack of definite similarity between both marks;
- Our client’s mark uses their commercial name as their brand. Therefore, the protection of IJTI is granted by law;
- Worldwide registration of our client’s mark, and
- Our client’s mark, IJTI, has been accepted and registered in the opponent’s home country of Japan.
The Examiner accepted our counterstatement and issued a decision to reject the opposition raised by JT. The adverse party had appealed the Examiner’s decision before the Court of First Instance, where an unfavourable decision (in favour of JT) was issued.
We appealed the decision before the Court of Appeals, and after a full round of litigation, the court issued a favourable decision rejecting JT’s case and allowing our client’s trademark to register.
For more information, please contact yemen@qumsieh.com.