The translation of the word “Al Attar” is druggist and “AL Attar Al Rasheek” is the graceful druggist.

When an application for a trade name is applied for, it will be examined with the Commercial Names Register only without reference to the Trademarks Registry for any conflicting prior trademark registration. When applying for the registration of a trademark, however, the application will be examined by Trademark Registry as well as the Commercial Names Registry.

Legal basis
A cancellation action against a commercial name is possible within five (5) years from the date of filing the application and it can be based on prior trademark registration in Jordan or aboard.

In this case, the prior use in Jordan is a strong factor, which can aid the removal of a commercial name from the register.

Acting on behalf of our client, we filed a cancellation action against the commercial name “AL Attar Al Rasheek”, based on prior use and registrations in Jordan and abroad, and after full litigation, the Registrar of Commercial Names has ruled for the cancellation of “Al Attar Al Rasheek” in the name of Mahmoud Ebraheem Saleh and Co.

No appeal was submitted to the Supreme Court within the allowed time (i.e. 20 days), therefore the said decision has become final.

For more information please contact us a jordan@qumsieh.com.

Ajlan & Brothers, a Saudi company who owns “ALATTAR (in Latin & Arabic letters)” in class 25 in Kuwait since the 1998s, submitted an opposition against our client’s trademark based on the following:

• They have prior registration of the trademark in their home country and in Kuwait.
• Our client’s trademark application date is later than their trademark’s registration date.
• Allowing the registration of our client’s trademark will lead to confusing the public.

We have submitted a counter statement against the said opposition on the following basis:

• Our client’s application is for registration in class 5, while the opponent’s trademark is registered in class 25.
• The use of our client’s mark is for different goods than the opponent’s, and there has not been any prior use by anyone for this trademark in the same class, neither in Saudi Arabia, Kuwait, nor any other country.
• Our client has valid registration certificates in their home country (Syria), the opponent’s home country (Saudi Arabia), and many other countries abroad, in the classes 5 and 25.
• The wording ALATTAR is the family name of our client.

After studying the submitted evidence, and reviewing the case thoroughly, the Registrar in Kuwait issued his decision in our favour and rejected the opposition filed by Ajlan & Brothers.

For more information please contact kuwait@qumsieh.com.