On behalf of our client, Mr. Tarek Kudsi Alattar, a Syrian trader, we filed a trademark application for "ALATTAR (in Latin & Arabic letters)" in Kuwait on 25 January 2009 under number 100919 in respect of all goods in class 5. The trademark was published in the Official Gazette on 2 January 2011.
Ajlan & Brothers, a Saudi company who owns "ALATTAR (in Latin & Arabic letters)" in class 25 in Kuwait since the 1998s, submitted an opposition against our client's trademark based on the following:
- They have prior registration of the trademark in their home country and in Kuwait.
- Our client's trademark application date is later than their trademark's registration date.
- Allowing the registration of our client's trademark will lead to confusing the public.
We have submitted a counter statement against the said opposition on the following basis:
- Our client's application is for registration in class 5, while the opponent's trademark is registered in class 25.
- The use of our client's mark is for different goods than the opponent's, and there has not been any prior use by anyone for this trademark in the same class, neither in Saudi Arabia, Kuwait, nor any other country.
- Our client has valid registration certificates in their home country (Syria), the opponent's home country (Saudi Arabia), and many other countries abroad, in the classes 5 and 25.
- The wording ALATTAR is the family name of our client.
After studying the submitted evidence, and reviewing the case thoroughly, the Registrar in Kuwait issued his decision in our favour and rejected the opposition filed by Ajlan & Brothers.
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