OUR CLIENT’S MARKS	OPPONENT’S MARK

ABU DHABI – On 19 August 2017, we filed a trademark application on behalf of our client, Vividville Inc., for “Hayati” in the UAE in class 28. The application was assigned number 278377 and then published in the Official Gazette on 28 June 2018, subject to the opposition period of 30 days.

ToyPro DMCC filed an opposition against our client’s application under the following basis:

• The similarity between the marks in sound and appearance;
• Prior use of HAYATIGIRL in the UAE and abroad;
• Prior registration in the neighbouring countries, and
• Allowing the registration of “Hayati” contradicts the Trademark Law in the UAE and International Conventions, will mislead the public, and will confuse consumers about the origins of the goods and services provided under this brand.

In response, we submitted counter-arguments based on the following:

• Lack of alleged similarity between the two marks;
• Although both marks consist of the word “Hayati”, the overall appearance of the logotype is distinguishable;
• Prior filing for “Hayati” by our client in the UAE, and
• The opponent does not hold a registration certificate for HAYATIGIRL in the UAE.

The Registrar accepted our arguments and issued a favourable decision rejecting the opposition raised by ToyPro DMCC and ordered our client’s application to register.

For more information, please contact uae@qumsieh.com.

Our client, “NewBoy FZCO”, a Free Zone company in the UAE, owns the registered trademark FULLA and Design covering several classes and shapes.

The Gazette published the opposed mark’s data as follows:

Trademark Name: Fulla Aljamilla with Arabic transliteration and device
Applicant Name: MAROC NEGOCES & SERVICES
Filing Number: 156328
Filing Date: 13 December 2013
Gazette Date: 9 January 2014
Gazette Number: 25

Acting on behalf of our client, we lodged an opposition based on the following:

• The opposed trademark is confusingly similar to our client’s mark Fulla and Device;
• The main element of the mark is the word Fulla while the second element, Aljamila, in Arabic means beautiful which is descriptive;
• Our client has a world wide registration of his trademark in classes 3, 9, 16, 24, 25, 28, 29, 30, 32, 35, 38, and 40;
• The trademark “Fulla” has been used heavily by our client for a long time and has therefore become famous;
• The applicant is trying to take advantage of the popularity and the fame of our client’s well known trademark to generate extra income, and
• Registration of the opposed mark will lead to unfair competition with our client and will infringe our client’s rights.

After full prosecution, the Registrar issued its decision in our favour by accepting our opposition and subsequently rejecting the registration of the infringing trademark. Since the decision was not appealed before the First Instance Court within 15 days, it has become final.

If you have any questions, please contact us at yemen@qumsieh.com.