|OUR CLIENT’S MARK||OPPONENT’S MARK|
KUWAIT CITY – On 1 November 2011, we filed a trademark application on behalf of our client, BEE FLY SARL, for the mark “Star Fly” in Kuwait in class 25. The application was assigned number 125044, and then published in the Official Gazette on 10 March 2013.
Stonefly S.P.A., an Italian company, filed an opposition against our client’s application on the basis of similarity with its registered trademark STONEFLY arguing the following:
- Similarity between both marks in terms of pronunciation and general appearance;
- Prior registration of SONTEFLY since 1988 in several classes including class 25;
- That STONEFLY qualifies as well-known mark;
- Registration of our client’s mark would mislead the consumers and may confuse the general public as to the origin of the product, and
- Allowing the registration of “Star Fly” contradicts the local Trademark Law & International Conventions.
In our response, we submitted evidence proving the dissimilarity between our client’s mark and the opposed mark, supporting our argument with the fact that the term STONEFLY is not registered or protected in Kuwait.
The Registrar reviewed both statements and issued its decision rejecting the opposition raised by Stonefly S.P.A. and allowed our application for Star Fly to register.
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