On behalf of our client, we registered its trademark with the Jordan Standards and Metrology Organization (JSMO), who is responsible for seizing suspected counterfeit products.

A shipment imported from China by “Mahmoud Elhaj Qasem Establishment” was seized by the JSMO for being suspected of containing counterfeit products. Our client inspected the photographic evidence of the 3720 seized items and confirmed that the products were indeed counterfeit.

On Behalf of our client, we filed a complaint before the Court of Urgent Matters in order to obtain a seizure order and stop the customs clearance for the counterfeit products. After several hearings, the court issued its decision in favour of our client and ordered the defendant to destroy the counterfeits and pay a fine of JOD1000.

If you have any questions, please contact jordan@qumsieh.com.

This was done due to the following changes:

1. The Pakistan Government has made significant efforts to implement key provisions of the IPO of Pakistan according to the Intellectual Property Rights Act of 2012;
2. It has established and appointed IP Tribunals in different regions in Pakistan including Islamabad, Karachi, and Lahore;
3. It has established a timeline for the amendment of major IPR laws;
4. It took immediate measures to implement the Federal Board of Revenue’s (FBR) IP Enforcement Rules;
5. It has established public awareness programs on IPR protection, and
6. The Pakistan Government has committed to continue regular action-oriented engagement with the United States and stakeholders.

This development came with great satisfaction to the Government of Pakistan and to the entire Pakistan business community. Exporters now will be able to benefit from the Generalized Scheme of Preferences meaning that in most cases a 0% customs duty will be owned.

Due to this implementation, it is expected that the confidence of the International Business world will also increase and new foreign investments will flow in to Pakistan, along with the overall approval of the international business community generating growth of export of Pakistan products in several other markets.

The risk of the countries remaining on the USTR priority list is that of being degraded to a Priority Foreign Country with the consequence of not being able to avail GSP concession for their exports to the US.

Should you have any questions, please contact info@qumsieh.com.

Earlier in 2008, The Echo Design Group, Inc, the registered owner of the well-known trademark ECHO which has been used and registered in several countries of the world, initiated a cancellation action against the registration made by the aforesaid Jordanian trader, based on his earlier use of the said trademark in Jordan and world wide and the trademark to be crossed out is an exact copying of the trademark ECHO.

The Registrar of Trademarks concluded that Mr. RAMI’s registration of the said trademark is identical to the trademark ECHO and its registration will cause damages to the lawful owner and will unavoidably create public confusion.

The new introduced regulations come as precautionary measures to stop and hinder any possible shipment of fake products or bearing false trademarks.

In light of the above, trademarks’ owners can now ask Customs authorities to impound and seize any shipment of goods thought to be carrying fake products or identical to registered trademarks in Sudan. If this is the case, a legal suit should be immediately instituted before the court within ten days; otherwise the customs officials will release the seized shipment. Registered trademarks owners will have the right to check the confiscated products and if the court found that these products are counterfeited they will be destroyed.

The case brought to the court from the Jordanian Customs department who stopped a shipment of goods bearing a trademark identical to the registered mark WAVES in class 3 for cosmetics registered in the name of MUSTAFA MANASRAH TRADING CO.

In a quick response the said company filed a legal suit before the court asking for seizure of these imitated goods and destroying them and bearing the defendant the losses and all court expenses.

The court found the defendant guilty of importing goods carrying a trademark identical to a registered trademark and entering goods with very bad quality.

To get more details please contact us at legal@qumsieh.com.

Accordingly, we filed a complaint on behalf of Jotun A.S., and the General Attorney in his turn requested us to submit a proof of ownership.

Whereas our client had filed an application, and no oppositions were submitted during the opposition period, and whereas the certificate of registration was not issued, we obtained a letter from the Libyan Trademark Office attesting that Jotun A.S. owns the Jotun device.

Consequently, a police raid was arranged and all infringing goods were seized, and two partners of the company were arrested for a period of one week for investigation, which was extended for an additional two weeks.

Afterwards, the entire file was transferred to the First Instant Criminal Court.

Furthermore, a judgment is expected to be rendered within a year, incriminating the infringers and stipulating six months of imprisonment in addition to a penalty payment.

Meanwhile, an injunction has been issued preventing the infringers from producing or selling their product with the infringing trademark.

It is worth mentioning that this is the first precedent in Libya that shows the seriousness of the Libyan authorities in preventing and prohibiting counterfeiting, and applying the IP laws in their entirety. This brings hope that owners of trademarks in Libya will benefit from their trademark registrations in the future against any possible infringers.

Acting under instructions from Racheli & C. (Legal Representatives of A. Loacker AG – S.P.A.), we filed a complaint with the Syrian Ministry of Supplies and with the Lebanese Public Prosecutor followed by criminal cases filed against the Syrian manufacturer and the Lebanese importer respectively.

Seizure and Confiscation orders were obtained and police raids were arranged against them both.
During the raids, the police confiscated large quantities from the factory premises (in excess of four thousand cartons, each containing 30 packages), and from the warehouses of the Lebanese importer, who also acts as the main exporter of the said products to Saudi Arabia and other neighbouring countries.

Shortly thereafter, both infringers offered to sign a settlement agreement admitting and apologizing for their guilt and further undertaking not to manufacture, deal or otherwise infringe any of Loacker’s trademarks or marks similar thereto in the future.

1. The time limit for filing public rights claims (criminal proceedings) regarding trademark infringement/ counterfeiting have been extended from three years to five years. However this does not apply to private or personal rights of trademark owners to initiate infringement and/ or counterfeit claims (civil claims).
2. The Minister of Commerce will appoint officers to report and take action against any violations to this system or its executive list. The said officers will have the authority to:
   1. Search any store/ premises they suspect or were informed through a complaint filed with the board of Grievances that it deals with counterfeits.
   2. Seize all counterfeit goods after taking three samples of the same. One sample is to be sent to the public Prosecutor and the other two are submitted later during the criminal proceedings.
   3. Conduct an immediate investigation with the dealer/ infringer, after which, the Under-Secretary of Internal Trade will send the findings together with the investigation report and a sample of the counterfeit goods to the Public Prosecutor with a request to initiate criminal proceedings before the Board of Grievances.
   4. Carry out and execute the orders of the Board of Grievances with the assistance of the police.
3. The pecuniary penalties regarding infringements/ counterfeiting have been increased to no less than 50,000.00 SR (US$ 13,333.00) and no more than 1,000,000.00 (US$ 266,666.00).
4. The Grievances & Oppositions Committee (which previously handled oppositions and appeals) has been resolved and replaced by the Board of Grievances (Saudi Court of Law in charge of enforcing the Trademark Law).
5. Visibility of a trademark has become a requirement for registration of any trademark. It is not possible to register invisible trademarks such as sounds or scents.
6. Renewals can be affected within the last year of validity or within a grace period of six months upon payment of late fine (previously, NO grace period was allowed).
7. Adoption of the 8th Edition of the Nice Classification of Goods/ services.

Should you require further information regarding the above, please do not hesitate to contact us.

Our investigations ascertained that the source of the fake ARCANCIL products in Dubai (United Arab Emirates) and that they are exported and distributed in Jordan and Iran.

Laboratories in Valdon decided to take immediate action and, accordingly, we filed a criminal case against several main dealers in Jordan. A seizure order was obtained and successful police raids were carried out resulting in the confiscation of the said counterfeit good.

The significance of police raids is that it acts as a deterrent against any dealers of fake goods even if they were not included in such raids. The confiscated goods are now being held at the court’s custody pending the issuance of the criminal case decision.

In case of infringement of a registered trademark, the following measures can be taken:

1. The plaintiff files a complaint with the Trademark Office and submits samples of the original and counterfeit products and a copy of the relevant trademark registration certificate.
2. The Registrar will instruct the Anti-Counterfeit Unit to investigate the matter by sending an official to the location of the infringed products. The said official will check the products and should they be ascertained that they are in fact counterfeits, he will identify himself as an official of the said unit and seize the fake products. Furthermore, he will request the infringer to disclose all information regarding these goods including their source, sales, customs declarations, storage and warehouses.
3. The investigation official will then report this findings to the Registrar, who will approve the confiscation order.
4. Upon confiscation of the products, the defendant has the right to appeal the confiscation decision within one week at the First Instant Court; otherwise, the counterfeits will be destroyed.
5. The Registrar may summon both the plaintiff and defendant for a hearing at the Trademark Office, during which an amicable settlement might be made.
6. Should the defendant dispose of the goods after their seizure but before their confiscation, the case will then be transferred to the Criminal Court.
7. If the plaintiff wishes to claim damages and remedies, he should file a case with the First Instant Court accompanied by a copy of the Registrar’s decision.