UAE – Conflict Over Caramel

VS.

A Kuwaiti trader filed an application to register CARAMEL EXQUISITE CAKES AND DESSERTS with Device in the UAE, and it was published in the Official Gazette as follows:

Trademark Name: CARAMEL EXQUISITE CAKES AND DESSERTS
Applicant Name: Caramel Bakery and Sweet
Filing Number: 223333
Filing Date: 16 December 2014
Gazette Date: 1 February 2015
Gazette Number: 149

Acting on behalf of our client, we filed an opposition against the above application based on the following:

• The opposed trademark is confusingly similar to our client’s mark in terms of pronunciation, general appearance, and goods;
• Registration of the opposed mark will mislead the public about the origin of the products and will confuse the consumers between both products;
• Our client has registrations of the mark in many countries in the Middle East;
• Prior registration by our clients for the trademark Caramel Master in the UAE and several neighbouring countries exists since 2012, and
• Registration of the opposed mark will lead to unfair competition with our client and will infringe our client’s rights.

After reviewing of our arguments, the Registrar accepted our opposition and issued its decision to halt the Kuwaiti trademark application process.

If you have any questions, feel free to contact us at uae@qumsieh.com.