The Jenaklis Vineyards Drinks Co., a Shareholding Egyptian company, filed the above applications in classes 33 and 35, which were published for opposition on 6 March 2006.
Acting on behalf of The Scotch Whisky Association, we opposed the mentioned applications, our argument based on the following:
- The above devices that include a man playing a musical instrument are confusingly similar to the trademark “DEWAR’S SCOTCH WHISKY” in the name of “Bacardi & Company Limited”. This misleads the consumers and confuses them to the real origin of this product.
- The word “Scott” is an expression used to describe the people living in Scotland, and is similar to the word “Scotch” and “Scotland” which is inherently confusing to the public regarding the origin of the product.
- The use of the device of the man playing a musical instrument wearing the traditional costume of Scotland, in addition to the use of the word “Scott” under the name of “Black Scott”, would certainly make the public believe that the real origin of the product is Scotland, which is incorrect.