|OUR CLIENT’S MARKS||OPPONENT’S REGISTERED MARK|
DAMASCUS – On 4 April 2019, we filed a trademark application on behalf of our client, Finansconsult Eood, for THE KING in class 34, which was assigned the serial number 2129.
The Examiner issued a decision to refuse our application due to its similarity with the registered trademark KING number 122438 in class 34 under the name of N.V. SUMATRA TOBACCO.
We filed an appeal to the said decision supported by a cancellation action against the cited mark based on the following:
- The owner of KING number 122438 has not been using the trademark since its filing date i.e. for more than 3 years, which makes the registration eligible for cancellation;
- Our client has prior worldwide registrations of their brand THE KING in class 34;
- Our client’s mark is widely used in Syria, neighbouring countries, and worldwide;
- Our client is seeking protection for its brand due to its popularity, and
- Due to the above, our client’s brand, THS KING, has become a well-known mark.
The Examiner, considering the facts raised in our argument and the evidence in hand, issued its decision to cancel the registration of KING number 122438 and allow our application to publish in the Official Gazette.
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