Under this Act, “online marketplaces” where “high-volume third-party sellers” (both defined by the legislation) offer new or used consumer products are required to collect, verify and disclose critical information about those sellers.

Should an online marketplace fail to do so, they face a steep fine for each violation. Online marketplaces must also suspend high volume third-party sellers not providing the required information.

The Act also requires that online marketplaces provide consumers with a clear way to report suspicious conduct, such as possible counterfeit goods listed for sale.

The goal of this Act is to create more transparency for online shoppers and to create safer online marketplaces for consumers and IP rights holders.

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

Original Mark

Spotted Mark

Our client, MR. Bilal Mohammad AL Hamwi, a Syrian company and the original owner of the trademark “My Mix” in Latin and Arabic Characters, which registered in its home country as well as in neighbouring countries in class 30.

Through our watching service, we discovered a similar application for “mimix” dated 15 January 2012, which was filed in the UAE under number 179613 in class 30 by an Egyptian trader and published in the Official Gazette number 137 on 4 January 2014.

Following our client’s instructions, we filed an opposition against said application based on the similarity between the marks, and prior use and registration in its home country and abroad.

The trademark Registrar considered the fact that the opposed mark had similar pronunciation to our client’s mark and might mislead the public to the applicant especially since both marks claim the same class. Therefore, a decision was issued in our client’s favour and the Registrar cancelled the subject application.

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

In order to assist with the smooth implementation of these new measures, the Ministry has delegated an officer from the LTMO to be present at the Customs Office to verify the genuineness of the incoming goods. When spotting a suspected product, Customs will hold the shipment for two weeks and will contact the registered representative of the applicant on record to take further action and then the case will be transferred to the public prosecutor.

For more information, please contact us at lebanon@qumsieh.com.

Latest reports received from Afghanistan confirm that this country is a promising market with high potentials due mainly to its closure to some of the largest and fastest-growing markets in the world, as well as its richness with natural resources.

For these reasons NJQ & Associates find it appropriate to draw their clients’ attention to think of Afghanistan as a highly recommended jurisdiction for their trademarks filing plans.

We may take this opportunity to remind our clients of the Trademarks filing requirements:

1. A power of attorney duly legalized up to the Afghanistan Consulate abroad.
2. Goods & services to be protected.
3. Print of the mark.

The time frame for completing registration procedures is about 6 months, bearing in mind that there is 15 day for opposition after registration.

For more details please send your inquiries to info@qumsieh.com.

Following the recent regulations of border measures, it is possible now to register trademarks at customs department. This registration will serves as a circular to all custom boarders to watch incoming shipments of goods suspected of bearing false or counterfeited products or similar or identical trademarks. Customs officials will confiscate any products alleged of being counterfeited and will inform the registered trademark owner to take legal action within 10 days.

Registraion with the customs’ requirements are:

1. Power of attorney legalised up to the Sudanese consulate at your end.
2. Certified copy of trademark registration certificate in Sudan, can be obtained by us.
3. Samples or photocopies of the original products.

Please note that registraion with customs is valid for ONE year and can be renewed annually.

Trademarks can be registered at customs department for those which are originally registered at TMO. The registration at customs department is for one year and can be renewed annually.

In order to proceed with this recommended registration the following documents should be provided:

1. Legalized POA if we are not the agent of the record.
2. A certified copy of trademark registration as protected at TMO.
3. Samples of the original products (to help customs officials to determine if any coming products are fake or original).

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 this development Trademarks owner 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 these shipments. 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.

Our client, Seiko Holdings Kabushiki Kaisha, uses and owns the well-known trademark ALBA in class 14 in respect of watches, clocks, other horological instruments and parts thereof, in Jordan and abroad, and filed an opposition against the said application.

We based our case on the well-known trademark of our client, the registration of ALBA, even if in another class, as this will confuse the public regarding its connection with Seiko.

After full litigation, the Registrar decided to cancel the opposed trademark ALBA in Class 30.

A local company named Al Majthop Corporation for Refrigerators imported compressors, filters and filter dryers from Dubai under the name Danfoss.

The Customs, together with the coordination of The Jordan Institute of Standards and Metrology, suspected that the Danfoss imported goods were not genuine; as we are the address for service at the Trademark Registry, they contacted us to check the authenticity of the imported products.

After we forwarded digital photos to Danfoss S/A, as well as consulting with their local distributor, it turns out that the goods are counterfeit Danfoss.

Immediately, we notified the Customs that we are proceeding in filing a criminal case, and we were able to obtain a Seizure Order from the Judge of Urgent Matters within eight days from the notification letter date, as per practice.

After prosecution, the defendant agreed to sign an undertaking and destroy the fake goods.

If you need further information about our activity against counterfeited products, please contact legal@qumsieh.com.