|OUR CLIENT’S MARK||OPPONENT’S REGISTERED MARK|
KUWAIT CITY – On 29 September 2016, we filed a trademark application on behalf of our client for the mark “Safya” in Kuwait in class 29. The application was assigned serial number 183881, and was then published in the Official Gazette on 12 November 2017.
BRF Singapore Foods PTE, LTD filed an opposition against our client’s application based on the following allegations:
- Similarities with their registered trademark “Sadia” in classes 29 and 30;
- Prior use and registration on a worldwide scale, and
- Prior registration in Kuwait since 2014.
We submitted a counter statement based on the following:
- Lack of similarities between the marks in terms of appearance and pronunciation;
- Safya has an International Registration as well as a home country registration (Turkey) since 2006;
- Prior use of Safya by our client in several neighbouring countries, and
- The Examiners in the Saudi Arabia Trademark Office did not issue any rejection based on similarity with a prior registered mark, i.e. Sadia.
The Examiner accepted our counter statement and issued a decision rejecting the opposition raised by BRF Singapore Foods PTE, LTD and allowed the application for Safya to register.
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