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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