Trademark Enforcements – NJQ & Associates

SAUDI ARABIA: UPDATES ON TRADEMARK ENFORCEMENT

NJQ & Associates — Sat, 28 Aug 2021 06:23:34 +0000

RIYADH – Pursuant to Ministerial Decree No. 496 of 2018, the Ministry of Trade has delegated the matters of trademark enforcement to the Saudi Authority for Intellectual Property (SAIP).

As a result, trademark legal actions may be pursued through SAIP’s platform and its online portal as of 15 August 2021.

For more information, please contact saudi-arabia@qumsieh.com.

Lebanon – Cancellation Action Against KA KINAR ARMANI

NJQ & Associates — Wed, 31 Jul 2013 20:14:46 +0000

Kinar Armani, a Lebanese company, filed a trademark application in Lebanon for “KA KINAR ARMANI” in class 14. The trademark was registered under number 112364 on 10 August 2007.

Acting on behalf of our client, GA MODEFINE S.A., a Swiss manufacturer and the owner of the trademark “ARMANI & GIORGIO ARMANI”, we submitted a cancellation request against the above trademark registration based on the following:

Our client has prior registration of the mark “ARMANI & GIORGIO ARMANI” in Lebanon and world-wide;
Similarities between the marks;
Our client’s trademark is well-known due to its world-wide use and its registrations covering several versions of the mark, classes, and in many different countries, and
The registration of the trademark “KA KINAR ARMANI” would lead to a likelihood of confusion to the consumers as to the source of the products bearing that mark.

After reviewing our arguments, submitting the necessary evidences, and appointing an expert, the Court accepted our petition and issued a decision to cancel the registration of the trademark “KA KINAR ARMANI” No. 112364 from the registry.

For more information please contact lebanon@qumsieh.com.

Qatar – Establishment of Specialized Anti-Counterfeit Unit

NJQ & Associates — Wed, 07 Aug 2002 13:05:38 +0000

In an attempt by the Qatar Authorities to fight counterfeit, they have activated Article 24 Section 3 of the Trademarks Law for 1978, which states that “the owner of a registered trademark has the right to prohibit third parties from using trademarks or signs similar to his mark in such a way that might mislead the public, for goods or services in respect of which the mark is registered or for similar goods or services”. This was implemented by establishing a Specialized Anti-Counterfeit Unit at the Trademarks Office under the direct supervision of the Registrar.

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

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.
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.
The investigation official will then report this findings to the Registrar, who will approve the confiscation order.
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.
The Registrar may summon both the plaintiff and defendant for a hearing at the Trademark Office, during which an amicable settlement might be made.
Should the defendant dispose of the goods after their seizure but before their confiscation, the case will then be transferred to the Criminal Court.
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.