|OUR CLIENT’S REGISTERED MARK||OPPONENT’S CITED MARK|
CAIRO – Our client, YILDIZ PUL OTOMOTIV MOTOR PARCALARI SANAYI ANONIM SIRKETI, the famous Turkish spare parts, machinery, and hardware manufacturer, is the owner of the registered trademark “VADEN ORIGINAL” in English and Arabic characters through the International Registration system, in class 7, class 12, and class 17 since 2008. The registrations are protected worldwide, including in Egypt.
It came to our attention that on 7 March 2019, an application for registration was published in the Official Gazette number 943 in Egypt for “VADEN” in English and Arabic characters in International Class 7 under number 336473, owned by Arabtech Trading Corporation Atco International.
Acting on behalf of our client, we filed an opposition against the cited mark based on the following:
- The close similarity in appearance between both marks;
- The prior registration and the prior use of “VADEN” by our client worldwide since 2007;
- Our client’s use of its brand extensively worldwide, making it a well-known mark;
- Our client’s use of the mark across diverse markets;
- The applicant’s motive to take advantage of the popularity and the fame of our client’s well-known trademark for a commercial purpose;
- That confusion amongst customers is likely to occur due to the notoriety of our client’s mark, and
- Allowing the registration of “VAGEN” contradicts the Trademark Law in Egypt Article 68 and will mislead and confuse consumers.
The Registrar reviewed our statement and issued its favourable decision to halt the registration procedure for the challenged mark and remove it from the registry.
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