|OUR CLIENT’S REGISTERED MARK||OPPONENT’S SPOTTED MARK|
MUSCAT – Our client, Societe Tunisienne De Chocolaterie Et De Confiserie Sotuchoc, a Tunisia manufacturer, is the legal owner of the registered trademark Maestro in class 29 and 30 in Tunisia and Oman under registration numbers TN/T/1996/17 and 85640 respectively.
It came to our attention, through our Watching Department, that an application for “Maestro” in English and Arabic Characters in class 30 was filed in Oman on 30 April 2015 by applicant Daily Food Co. and was assigned the serial number 94887 (the Opposed Mark), which was then published in the Official Gazette as number 1144 dated 24 April 2016.
Acting on behalf of our client, we filed an opposition against the Opposed Mark based on the following:
- The similarity between both marks in terms of wording and pronunciation;
- Overlapping goods to those of our client’s registered trademark;
- Our client is a well-known chocolate manufacturer established and active since 1971;
- Prior registration of Maestro by our client in Tunisia since 1996 and Oman since 2014, and
- Allowing the registration of Maestro number 94887 contradicts the Trademarks Law and international conventions and will confuse the general public as to the origin of the products.
After full litigation, the Registrar issued its decision by granting our opposition and removing the Opposed Mark from the trademark registry.
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