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United Brothers Co., a Palestinian company, has filed a
trademark application for "Al Ain & device" in class
29, application no. 15962, and it was published on 26 April
2010.
Acting on behalf of our client, Al Ain Vegetable Processing and
Canning Factory, a UAE company and the original owner of "Al
Ain & device", we filed an opposition against the above
application based on the following:
Our client owns earlier registrations in classes 29, 30 and 32
in their home country and abroad.
Our client also has prior use of this trademark in the same
classes in their home country and abroad.
The opposed application is identical to our client's
trademark, and will confuse the consumers as to the origins of the
products.
The Registrar issued his decision to cancel the said
application. His judgment was justified as follows:
The Emirate Company owns the trademark in the UAE and abroad
since 2008, which is before the date of the said application in the
West Bank.
The defendant did not submit any evidence to prove their
ownership of "AL AIN", and the application for
registration is not sufficient evidence of ownership.
A trademark being accepted and published in the Official
Gazette does not grant ownership of that trademark according to the
law.
United Brothers Co. appealed before the High Court. After
several hearings the court issued its decree to support the
Registrar's decision to stop the trademark registration
procedure, and this decision cannot be appealed further.
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