|OUR CLIENT’S MARKS||OPPONENT’S REGISTERED MARK|
ABU DHABI – On 16 December 2015, we filed a trademark application for registration on behalf of our client, Blue Ocean Im-export Co., Ltd. (a Vietnamese Company), for the above pictured LOTUS RICE logo in the UAE in class 30. The application was assigned number 245374 and then published in the Official Gazette on 29 June 2016.
KRBL Limited filed an opposition against our client’s application on the following grounds:
- Their trademark is a well-known mark and has been used on rice products since 1889;
- Prior registration and extensive use of the brand “LOTUS” world-wide;
- The similarity between our client’s mark and their registered trademark in terms of appearance and pronunciation, and
- Allowing the registration of our client’s mark would confuse the public as to the origin of the products and contradicts Trademarks Law and international conventions.
In response, we submitted counter-arguments based on the following:
- Lack of definite similarity between both marks;
- The opponent’s mark cannot be considered as well-known;
- The opponent does not hold a registration certificate for LOTUS RICE in the U.A.E., and
- Several registrations of our client’s mark in neighbouring countries.
The Registrar accepted our arguments and issued a favourable decision rejecting the opposition raised by KRBL Limited and ordered our client’s application to register.
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