|OUR CLIENT’S REGISTERED MARK||CITED MARK|
SANA’A – Our client, DEEKO BAHRAIN WLL, a Bahraini company, is the owner of the famous registered trademark DANA in English and Arabic characters in the Middle East region, including Yemen in classes 6, 16, 17, and 21 since 2009.
It came to our attention that on 3 May 2020, an application for registration was published in the Official Gazette number 7-2020 in Yemen for “Dana Plastic Products” in Arabic characters in class 21 under number 95839, owned by Radwan Yahya Ali Elthalaia (a Yemeni company).
Acting on behalf of our client, we filed an opposition against the cited mark based on the following:
- The exact spelling and pronunciation of the literal element DANA;
- Our client’s mark is well-known and widespread in the Yemeni market;
- Our client’s exclusive use of its brand in the region, making it a well-known mark;
- The applicant’s motive to take advantage of the popularity and fame of our client’s well-known trademark for a commercial purpose;
- Although the challenged mark’s appearance is different, the phonetics of it are similar to our client’s;
The prior registration and the prior use of DANA by our client worldwide, and
- Allowing the registration of the opponent’s mark contradicts Trademark Law and would 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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