Yemen – Conflict Between MAXBAR and MIXBARY

VS.

 
Infringing trademark:
MIXBARY, application No. 59740 under the name of ABDUL KAREEM MOHAMED NASER ALSABARI Co.

It came to the attention of our client, Solen Cikolata Gida Sanayi Ve Ticaret Anonim Sirketi, that a local Yemeni company acting under the name of ABDUL KAREEM MOHAMED NASER ALSABARI Co., has filed the above application in class 30.

The application was accepted and published in the Trademark Journal No. 8 on 13 October 2012 subject to the opposition period of 3 months.

Acting on behalf of o our client, the plaintiff, we have filed an opposition against said application based on the following:

1. The plaintiff owns registrations for MAXBAR and SOLEN MAXBAR, and the opposed application is confusingly similar in general appearance, phonetics, and list of goods;
2. Our client has prior registrations for its trademarks in the home country, Yemen, and abroad, and
3. Our client has been using the said trademarks in Yemen since 2005.

Based on the above, the Registrar has issued its decision by canceling the subject application; and since no appeal was filed before the court, the said decision became final.

For more information please contact us at yemen@qumsieh.com.