|OUR CLIENT’S MARK||OPPONENT’S MARK|
BAGHDAD – On 5 November 2019, we filed a trademark application on behalf of our client, PAKTEN SAGLIK URUNLERI SANAYI VE TICARET ANONIM SIRKETI (a Turkish manufacturer) for “Joyjo Baby” in Iraq in class 36. The application was assigned number 80463 and then published in the Official Gazette on 16 November 2020, subject to the opposition period of 90 days.
Unicharm Gulf Hygienic Industries ltd, a Saudi Arabian company, filed an opposition against our client’s application based on the following:
- The similarity between the marks in sound and appearance;
- Prior registrations of “BabyJoy” in different shapes in Iraq and worldwide, and
- Allowing the registration of “Joyjo Baby” contradicts Trademark Law in Iraq and International Conventions and would mislead and confuse consumers.
We submitted our counter-statement based on the following:
- Both marks are evidently different and distinguishable by their designs;
- Although both marks consist of the word “Baby”, the overall appearance of the logotype is distinguishable;
- The main feature of our client’s mark is the word “Joyjo” while the main feature of the opponent’s mark is the word “Baby”, and
- Our client’s mark is easily distinguished due to the differentiation in pronunciation.
The Examiner accepted our argument, issued a decision to reject the opposition raised by Unicharm Gulf Hygienic Industries ltd, and ordered our client’s application to register.
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