Our client SOYYIGIT GIDA SANAYI VE TICARET ANONIM SIRKETI, a Turkish company, filed a trademark application for “Kent Boringer TRIX” No. 14663 in class 32 on 1 August 2010 in respect of aerated and mineral water, non-alcoholic drinks, fruit juices, fruit drinks, syrups and other preparations for making beverages.
General Mills, Inc., an American company, opposed the above application claiming that the same is confusingly similar to their trademark “TRIX”.
Our counter statement was based on the following:
- Our client is one of the leading companies in the region in the field of manufacturing and producing goods included in class 32.
- Our client is the legitimate owner of the trademark Kent Boringer TRIX.
- Our client holds prior registrations in the country of origin (Turkey) and many other jurisdictions.
- Our client has continuous use of its trademark within the Palestinian National Authority Territories (West Bank & Gaza) markets.
- Our client obtained favorable decisions against oppositions filed by the opponent in respect of the said trademark in UAE and Kuwait.
- The general appearance, the pronunciation, and the phonetics of our client’s trademark will not lead to confusion with the opponent trademark.
- The products for which our client’s trademark is applied for are incorporated in class 32, while the opponent’s trademark is used for the goods included in Classes 29 & 30, accordingly the possibility of public confusion could barely occur.
After full litigation, and considering the above, the Registrar issued his ruling in our favor rejecting the opposition and accepting the registration of our client’s trademark application.
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