| OUR CLIENT’S MARK | OPPONENT’S MARK |
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ABU DHABI – On 25 June 2022, we filed a trademark application on behalf of our client for “GPS GROUP” in the UAE in class 39. The application was assigned number 331595 and then published in the Official Gazette on 29 July 2022.
United Parcel Service of America, Inc. filed an opposition against our client’s application on the basis of similarity with their well-known trademark registered in several classes and several countries, including in the UAE in class 39, as follows:
- The similarity between the marks in sound and appearance;
- Their UPS trademark is a well-known trademark registered in several countries and used on products that fall within classes 2, 3, 4, 10, and 39;
- Prior registrations of the UPS mark are in several classes;
- Allowing the registration of GPS GROUP contradicts the Trademark Law in the U.A.E. and International Conventions and will mislead and confuse consumers.
In response, we submitted counterarguments based on the following:
- Lack of alleged similarity since our client’s mark has a distinct design, thus, eliminating the likelihood of confusion, and
- Our client’s mark (the letters GPS) is derived from the initials of the company’s legal commercial name.
The Registrar accepted our arguments, issued a favourable decision rejecting the opposition raised by the opponent, and ordered our client’s application to register.
For more information, please contact uae@qumsieh.com.