|OUR CLIENT’S MARK||OPPONENT’S INFRINGING MARK|
BAGHDAD – On 30 October 2016, we filed a trademark application on behalf of our client, I.J. Tobacco Industry FZE, for the mark IJTI- I. J. TOBACCO INDUSTRY in Iraq in class 34. The application was assigned number 73072, and then published in the Official Gazette on 24 December 2017.
Japan Tobacco Inc. filed an opposition against our client’s application on the basis of similarity with its trademark registrations for JTI worldwide.
We submitted a counter statement based on the following:
- Lack of definite similarity between both marks;
- No evidence of confusion between both marks in terms of pronunciation or general appearance;
- Our client’s mark uses their commercial name as its brand, therefore, the mark IJTI is protected as per the articles of law;
- Worldwide registration of our client’s mark, and
- Our client’s mark, IJTI, has been accepted and registered in the opponent’s home country of Japan.
The Examiner accepted our counter statement and issued a decision to reject the opposition raised by Japan Tobacco Inc. and allowed our application for IJTI- I. J. TOBACCO INDUSTRY to register.
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