|OUR CLIENT’S MARKS||OPPONENT’S REGISTERED MARK|
DOHA – On 3 October 2017, we filed a trademark application for the registration on behalf of our client, HELVACIZADE GIDA ILAC KIMYA SANAYI VE TICARET ANONIM SIRKETI, for “Sunilla” in Qatar in class 29. The application was assigned number 117627 and then published in the Official Gazette on 2 December 2018.
Basateen Foods S.A. Co. (a Saudi Arabia company) filed an opposition against our client’s application on the following grounds:
- The similarity between our client’s mark and their registered trademark in terms of pronunciation, appearance, and products;
- SUNOLA is a well-known trademark registered in several countries and used on products that fall within classes 29, 30, 31, and 32;
- Earlier registration of SUNOLA in the home country (Saudi Arabia) and many neighbouring countries including Qatar, and
- Allowing the registration of our client’s mark will confuse consumers and contradicts Trademarks Law and international conventions.
In response, we submitted counter-arguments based on the following:
- Lack of alleged similarity since our client’s mark appears in a distinct design and a device, thus, eliminating the confusion possibility, and
- Prior use of “Sunilla” by our client in Qatar since 2013, which is earlier than the registration date of SUNOLA by the opponent in 2014.
The Registrar accepted our arguments and issued a favourable decision rejecting the opposition raised by the opponent and ordered our client’s application to register.
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