|OUR CLIENT’S MARKS||OPPONENT’S REGISTERED MARK|
ABU DHABI – On 11 February 2011, we filed a trademark application for the registration on behalf of our client, EVEREST S.A. HOLDING AND INVESTMENT COMPANY, for “everest” in English and Arabic characters in the UAE in class 43. The application was assigned number 186649 and then published in the Official Gazette on 1 May 2014.
S. Narinder Acomar & Co (an Indian company) filed an opposition against our client’s application on the following grounds:
- Similarity between both marks in terms of spelling and pronunciation;
- Prior registration for EVEREST by the opponent in classes 29 and 30 in several countries including the UAE since 2013;
- The items of the list of goods in their registrations overlap with our client’s application, and
- Allowing the registration of our client’s mark would confuse the public as to the origin of the products and contradicts Trademark Laws and international conventions.
In response, we submitted counter-arguments based on the following:
- Although both marks consist of the word “everest”, the overall appearance of the logotype is distinguishable and our client’s mark includes a transliteration of the word into Arabic;
- Our client’s commercial name contains the word “everest”;
- The classes (and its related items) are different from those of the opponent’s trademark, and
- Earlier world-wide registrations of “everest” by our client since 2009.
The Registrar accepted our arguments and issued a favourable decision rejecting the opposition raised by S. Narinder Acomar & Co and ordered our client’s application to register.
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