Our client, TARIQ QUDSI ALATTAR Co., the owner of the mark ALATTAR registered in classes 31, 30, and 5 on 5 December 2004, instructed us to file a cancellation action against the registration of the trade name “Al Attar Al Rashhek” registered for Mahmoud Ebraheem Saleh & Co., where the latter is a trade name registered on 16 June 2008 and selling the same products as our client.
The translation of the word “Al Attar” is druggist and “AL Attar Al Rasheek” is the graceful druggist.
When an application for a trade name is applied for, it will be examined with the Commercial Names Register only without reference to the Trademarks Registry for any conflicting prior trademark registration. When applying for the registration of a trademark, however, the application will be examined by Trademark Registry as well as the Commercial Names Registry.
A cancellation action against a commercial name is possible within five (5) years from the date of filing the application and it can be based on prior trademark registration in Jordan or aboard.
In this case, the prior use in Jordan is a strong factor, which can aid the removal of a commercial name from the register.
Acting on behalf of our client, we filed a cancellation action against the commercial name “AL Attar Al Rasheek”, based on prior use and registrations in Jordan and abroad, and after full litigation, the Registrar of Commercial Names has ruled for the cancellation of “Al Attar Al Rasheek” in the name of Mahmoud Ebraheem Saleh and Co.
No appeal was submitted to the Supreme Court within the allowed time (i.e. 20 days), therefore the said decision has become final.
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