Yemen – Conflict Between MAXBAR and MIXBARY

NJQ & Associates — Wed, 28 May 2014 22:03:47 +0000

VS.

Infringing trademark:
MIXBARY, application No. 59740 under the name of ABDUL KAREEM MOHAMED NASER ALSABARI Co.

It came to the attention of our client, Solen Cikolata Gida Sanayi Ve Ticaret Anonim Sirketi, that a local Yemeni company acting under the name of ABDUL KAREEM MOHAMED NASER ALSABARI Co., has filed the above application in class 30.

The application was accepted and published in the Trademark Journal No. 8 on 13 October 2012 subject to the opposition period of 3 months.

Acting on behalf of o our client, the plaintiff, we have filed an opposition against said application based on the following:

The plaintiff owns registrations for MAXBAR and SOLEN MAXBAR, and the opposed application is confusingly similar in general appearance, phonetics, and list of goods;
Our client has prior registrations for its trademarks in the home country, Yemen, and abroad, and
Our client has been using the said trademarks in Yemen since 2005.

Based on the above, the Registrar has issued its decision by canceling the subject application; and since no appeal was filed before the court, the said decision became final.

For more information please contact us at yemen@qumsieh.com.

Saudi Arabia – Updates

NJQ & Associates — Wed, 20 Jun 2007 09:37:22 +0000

Our client, Solen Cikolata Gida Sanayi Ve Ticaret Anonim Sirketi, a Turkish Company, filed an application on 21 December 2005 for the registration of the trademark “MAXBAR” under No. 102087, in respect of chocolate, products covered with chocolate and candy, chocolate bars, chocolates covered with caramel and biscuits, wafers, wafers covered with cream-hazelnut-chocolate, cakes, cream-cakes, biscuits, confectioneries in class (30).

On 28 July 2006, the application was published in the Trademark Journal and open for opposition.

The U.S. company “Mars, Incorporated” filed an opposition against our client’s trademark, based on confusing similarity with “MARS”.

The Saudi Arabian Trade Mark Office (SATMO) found that there is no basis for the opposition and the possibility of confusing similarity does not exist and decided to reject the opposition.

Our client, Mulhens Gmbh & Co. KG has a trademark registration for “Dolly Girl” under No. 728/50 dated 19 May 2004, in respect of soap, perfume, essential oils, preparations for body care and beauty, hair lotion (lotion), dentifrices, in class (3).

An application, No.99726220, for the trademark “Dolly by Dolly Chahine” in the name of Saudi Perfumes and Cosmetics Factory, filing date 3 October 2005, was published in the Trademark Journal on 19 May 2006 in respect of soap, perfume, essential oils, preparations for body and beauty care, hair lotion (lotion), dentifrices in class (3).

Our client filed an opposition against the said application on the basis of confusing similarity with “Dolly Girl”.

After several hearings, the Bureau of Grievance found that there is high possibility of confusion between “Dolly Girl” and “Dolly by Dolly Chahine”, and issued its decision to stop the registration procedures for “Dolly by Dolly Chahine”.

MAXBAR – NJQ & Associates

Yemen – Conflict Between MAXBAR and MIXBARY

Saudi Arabia – Updates