Our client, the company QUILATE SERVICOS LDA, is the owner of the trademark LA MARTINA, which is very popular in Italy as well as in Europe and South America in relation to clothing articles.
It came to their attention that a Swiss company, PHOENICIA TRADING, has applied for the registration of the above trademark, LA MARTINA POLO PLAYER GEAR in Saudi Arabia, which was published for opposition under No. 99717181 in December 2004 subject to opposition until 16 March 2005.
Our client does not have registered trademark or pending application in Saudi Arabia.
Acting on behalf of our client, the opposition was based on the following arguments:
- The client is the owner of trademarks absolutely identical to the cited one in the following countries: United Arab Emirates (UAE), Turkey, European Community, USA, Canada, Russia and China.
- The Client has used, and is currently using, the same trademark in Lebanon.
- Since the Saudi Arabia has joined the Berne agreement, accordingly, the device element of the trademark of our client is protected on a world-wide basis on the grounds of the local copyright laws and treaties.
- Since our client’s mark is a well-known trademark, it is protected by law even if not registered.
- Confusing of the public, bad faith of the applicant and unfair competition.
The Bureau of Grieving (the authority in charge of oppositions) has found that the registration of LA MARTINA POLO PLAYER GEAR in the name of the PHOENICIA TRADING Int. Limited is against the Law and will confuse the public as to its origin and lead to unfair competition, and has accordingly decided to stop the registration procedure of the said mark. The decision was subject to an appeal within 30 days of its issuance, and has now become final.