Our client, Arici Tekstil Sanayi Ve Ticaret Limited Sirketi, a Turkish manufacturer, instructed us to file a trademark application for NBB Lingerie in the UAE in class 25. The application was filed under number 71816 on 30 July 2005, and then the application published for opposition on 12 July 2012 for a period of 3 months.
NEB Establishment for Cloth Trading, a UAE company, and the owner of the trademark NBB, filed an opposition against NBB Lingerie to halt the registration procedure of the pending application. They justified their opposition that NBB Lingerie is identical to NBB, which is registered in the UAE, and they also submitted documents in an attempt to prove prior use of NBB.
Our defense case was based on the following:
- Providing evidence proving that our client has been using NBB Lingerie in the UAE prior to the plaintiff, and
- Our client has registrations for NBB Lingerie in home country (Turkey) and many other countries since 1996.
Accordingly, the Trademark Registrar issued his decision of allowing our client’s trademark for registration.
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