|OUR CLIENT’S MARK||OPPONENT’S REGISTERED MARK|
ABU DHABI – On 4 January 2017, we filed a trademark application for registration on behalf of our client, Moss Food Services Inc. (a Japanese Company), for M logo in the UAE in class 32. The application was assigned number 265956 and then published in the Official Gazette on 31 May 2017.
Monster Energy Company (a USA company) filed an opposition against our client’s application on the following grounds:
- The similarity between the marks, and
- Prior registration and use of its trademark worldwide, including UAE.
In response, we submitted counter-arguments 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 consists of the letter “M” in special characters, while the opponent’s mark consists of three vertical winding lines;
- Our client’s company has been established for a relatively long time, i.e. since 1972, and
- Our client’s mark is registered in its home country since 1979.
After full litigation, the Opposition Committee decided that the marks are not similar and that likelihood of confusion does not exist. Its decision was based on the following:
- Although each mark consists of one element, each element is distinct from the other and
- The opponent’s mark’s description was filed as “drawing of three zigzags”, while our client’s mark description is filed as “the letter M in special characters in black and white”.
Therefore, a decision was issued rejecting the opposition raised by Monster Energy Company and allowed our client’s application to register.
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