Our client, Bremstaller Gesellschaft, an Austrian manufacturer and the owner of the registered trademark “ECOTHERM” in U.A.E. under No. 134935 on 27 March 2011 in class 11.
A local company operating under the name of Ecotherm General Contracting LLC, has filed a trademark application for “ECO therm” stylized with device under No. 175613 dated 21 June 2012 in class 37, which was accepted and published in the Official Gazette No. 140 on 4 November 2013 subject to the opposition period of 30 days.
Acting on behalf of our client, the plaintiff, we have opposed the said infringing application based on following facts:
- Our client’s registration covers class 11 goods while the opposed mark’s application covered class 37 services; since both classes related to construction, the likelihood of confusion to the source of the goods and services would be high, and
- Prior registration of our client’s mark in U.A.E gave the plaintiff priority.
The Registrar issued its decision by accepting our position and canceling the subject application.
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