On behalf of our client, we filed a trademark application for ULKER ONEO in Kuwait under filing number 171436 covering the item “chewing gum” in class 30.
The application was published in the Official Gazette number 1281, dated March 2016, subject to the opposition period of 60 days.
An opposition was filed by Intercontinental Great Brands LLC against our client’s application on the basis of:
- Similarity between our client’s mark ULKER ONEO and the opponent’s mark OREO in terms of pronunciation, general appearance, and designated class;
- The opponent claimed that they were the real owner of the trademark OREO at home country, abroad, and in Kuwait since 2006;
- Allowing the registration of ULKER ONEO contradicts with the national law and international conventions, and
- The opponent claims that the registration of our client’s mark will mislead the public about the origin of the products.
Accordingly, we filed a counter statement on behalf of our client based on:
- Dissimilarity between our client’s mark and the opponent’s mark in terms of pronunciation and general appearance;
- Our client’s mark was filed in class 30 to cover the item “chewing gums” only, while the opponent’s mark was used for “biscuits products”, and
- Our client’s mark is well-known and established in Turkey since 1989.
After reviewing the respective statements, the Registrar issued its decision in our client’s favour and ruled to allow ULKER ONEO to register.
The opponent had the legal right to appeal the decision before the Court within 30 days from the date of issuance of said decision. The Opponent exercised its right before the Court within the timeframe. The Court, however, ruled in favor of our client confirming the Registrar’s decision.
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