OUR CLIENT’S MARK	OPPOSED MARK

RAMALLAH – Our client, Yildiz Holding Anonim Sirketi, a Turkish manufacturer, is the legal owner of the registered trademark TORINO in class 30 in Turkey and worldwide including the State of Palestine (Palestine).

It came to our attention, through our watching department, that an application for “TORINO with device” in class 30 was filed in Palestine on 16 August 2016 by applicant Ahmad Arafat Azmi Qaraeen and was assigned the serial number 29825 (the Opposed Mark), and was then published in the Official Gazette number 8 dated 26 April 2017.

Acting on behalf of our client, we filed an opposition against the Opposed Mark based on the following:

• Similarity between both marks in terms of wording and pronunciation;
• Overlapping goods to those of our client’s registered trademark;
• Our client is a well-known company established and active since 1989;
• Prior use and prior ownership of TORINO since 2012 worldwide including Palestine, and
• Registration the opposed trademark contradicts the Trademarks Law and international conventions.

After reviewing our statement and supporting documents, the Registrar issued its decision by granting our opposition and removing the opposed application from the trademark registry.

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

Our client, Yildiz Holding Inc, is the legal owner of “ULKER Deluxe” registered in Turkey and worldwide including Yemen in class 30.

Through our watching service, it came to our attention that a similar trademark for DELUX was filed in Yemen in Latin and Arabic characters by a local trader. Our client instructed us to file an opposition against said application.

Our opposition was based on the following:

1. Prior registration of ULKER Deluxe by our client in Yemen since 30 May 2010, while the opposed mark was filed on 23 October 2013;
2. Prior use of our client’s mark in Yemen since 2011;
3. The main element of our client’s trademark is the word DELUXE;
4. Similarity between both marks will confuse the public about the origins of the products, and
5. Allowing the registration of the infringing mark will lead to unfair competition between the owner of such mark and our client.

The applicant of the opposed mark failed to respond to the opposition within the legal time frame as specified by the Yemen trademark Law; accordingly, the Registrar considered the opposed mark as abandoned.

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