AMMAN – On 16 August 2016, we filed a trademark application for registration on behalf of our client, MEERA INTERNATIONAL LIMITED, for SAYONAPPS in classes 11. The application was assigned serial number 30308.
During examination, the Registrar issued a decision to reject our client's application due to the alleged similarity with the registered marks "sona" with registration numbers 46826 and 129286. We based our appeal to the refusal decision before the Administrative Court on the following:
- Dissimilarity between both marks in terms of pronunciation and general appearance;
- Prior use of SAYONAPPS by our client since 2012;
- Prior registrations of SAYONAPPS in the home country (Hong Kong) and abroad;
- Coexistence of similar registered trademarks in Jordan such as: Sony, Sayonara, Sonaryo, Sanyo, Sunny, SONAM, SANIRO, SANOFI, SANOVEL, SANIO, and SANI, and
- Refusal to register SAYONAPPS contradicts the Trademark Law.
The Court issued a decision to overturn the Registrar's decision; however, on behalf of the Trademark Office, the Head of Public Prosecution appealed the decision before the High Administrative Court. After several hearings, the Court issued a favourable decision and ordered our client's application to register.
Originally published 27 January 2019
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
