|OUR CLIENT’S MARK||OPPONENT’S MARK|
DOHA – On 9 May 2011, we filed a trademark application on behalf of our client, RENAULT s.a.s, for the mark YUMAN in Qatar in class 12. The application was assigned serial number 68047 and then published in the Official Gazette number 203 on 7 November 2013.
Man Truck & Bus A. G., a German manufacturer, filed an opposition against our client’s application based on the following allegations:
- Prior registration of MAN in the home country (Germany) and abroad including Qatar;
- The visual, sound, and conceptual similarity between MAN and YUMAN, and this similarity will mislead the consumers and may confuse the general public as to the origin of the products, and
- MAN falls under the category of well-known trademarks.
We submitted a counter statement based on the following:
- YUMAN has been accepted in Qatar without prejudice, and it has several registrations worldwide;
- Although both marks fall under class 12, the goods intended for YUMAN differ from the goods protected under the MAN registration. YUMAN is used for vehicles for locomotions and its accessories while MAN is used for buses and trucks;
- Therefore, customers will examine the product they wish to buy thoroughly due to its price tag and special usage which makes it impossible for a customer to get mislead;
- Lack of definite alleged similarities between YUMAN and MAN in its appearance and pronunciation, and
- There was no record evidencing that this MAN is considered to be a well-known mark in Qatar.
The examiner reviewed both sides’ arguments and issued its decision in favour of our client denying the opposition and allowed the application for YUMAN to proceed to registration agreeing that any similarity between the marks did not rise to the requisite level of confusion.
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