|OUR CLIENT’S MARKS||OPPONENT’S MARK|
ABU DHABI – On 19 August 2017, we filed a trademark application on behalf of our client, Vividville Inc., for “Hayati” in the UAE in class 28. The application was assigned number 278377 and then published in the Official Gazette on 28 June 2018, subject to the opposition period of 30 days.
ToyPro DMCC filed an opposition against our client’s application under the following basis:
- The similarity between the marks in sound and appearance;
- Prior use of HAYATIGIRL in the UAE and abroad;
- Prior registration in the neighbouring countries, and
- Allowing the registration of “Hayati” contradicts the Trademark Law in the UAE and International Conventions, will mislead the public, and will confuse consumers about the origins of the goods and services provided under this brand.
In response, we submitted counter-arguments based on the following:
- Lack of alleged similarity between the two marks;
- Although both marks consist of the word “Hayati”, the overall appearance of the logotype is distinguishable;
- Prior filing for “Hayati” by our client in the UAE, and
- The opponent does not hold a registration certificate for HAYATIGIRL in the UAE.
The Registrar accepted our arguments and issued a favourable decision rejecting the opposition raised by ToyPro DMCC and ordered our client’s application to register.
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