UAE – NJQ & Associates wins an opposition in favor of its client “Soyyigit Baharat Gida Kimyevi Maddeleri Sanayi Limited Sirketi” against Mars Incorporated.
Our client “SOYYIGIT GIDA SANAYI VE TICARET ANONIM SIRKETI” filed a trademark application for the registration of “Kent Boringer TRIX” with color device in class 32 under No. 82414 dated 28 June 2006, which was published in the Official Gazette No. 79 on 16 March 2008.
Mars Incorporated opposed the above trademark application claiming confusing similarities with its trademarks TWIX and TRIXO registered in Classes 29 and 30.
We based our opposition on the following:
- The differences between our client’s trademark and Mars’ trademarks.
- The differences in terms of the words, the letters, the pronunciation, the phonetics, the design, and the colors.
- The list of goods and classes are different.
In the light of the above, the Registrar has issued his favorable decision rejecting the opposition by Mars Incorporated and accepting the registration of the trademark application “Kent Boringer TRIX” on 31 January 2010.
The Registrar justified his decision that our client’s trademark illustrates tremendous differences from the plaintiff’s trademarks, which therefore diminishes the possibility of public confusion.
Mars was not satisfied and appealed before the Committee of Trademarks.
However, and after full verification of and considering the above, the presiding Committee confirmed the Registrar’s decision and rejected Mars’ appeal.
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