|Our Client’s Mark||Opponent’s Registered Mark|
On 20 May 2014, we filed a trademark application on behalf of our client, Bilal Mohammad AL Hamwi, for “City Creamer” in Gaza in class 29. The application was assigned number 18963, then published in the Official Gazette number 54 on 28 May 2015.
Société des Produits Nestlé S.A. (“Nestlé”), the owner of trademark “Coffee Mate” filed an opposition against our client’s mark based on earlier registrations for “Coffee Mate” based on the following grounds:
- Similarity between “City Creamer” and “Coffee Mate” in terms of appearance and general look;
- Coffee Mate is a well-known trademark worldwide;
- Registration of the opposed mark will mislead the public about the origin of the products and will confuse the consumers between both products, and
- Due to the above, allowing the registration of “City Creamer” contradicts local Trademark Law.
In our response, we presented proof that “City Creamer” has no counterpart “mug design” mark to that of Opponent’s, which Opponent dismissed as irrelevant. We also argued that the figurative elements illustrated the differences in the imagery, which far outweighed any supposed similarities.
The Registrar reviewed the Opponent’s opposition and our argument, and ruled to allow our client’s mark to register. The Opponent appealed said decision before the Supreme Court, but the Committee found that a likelihood of confusion did not exist and subsequently affirmed the decision of the Registrar.
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