Our client, AL-RABIE SAUDI COMPANY FOR FOODS is a Saudi Arabian company and the original owner of the trademark “First Pick” in Latin and Arabic Characters, which is registered in its home country as well as in neighbouring countries, including Kuwait, in class 32.
Through our watching service, we discovered a similar application for “Qutoof” dated 26 April 2015, which was filed in Kuwait under number 167635 in class 32 by an Egyptian trader and published in Official Gazette number 1300 on 7 August 2016.
Following our client’s instructions, we filed an opposition against said application based on the similarity between the marks, and prior use and registration in its home country and abroad.
The trademark Registrar considered the fact that the opposed mark had similar pronunciation and meaning (in Arabic) to our client’s mark and might mislead the public especially since both marks claim the same class. Therefore, a decision was issued in our client’s favour and the Registrar cancelled the subject application.
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