Kuwait:
Conflict Between "Safya" And "Sadia"
25 April 2019
NJQ & Associates
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KUWAIT CITY – On 29 September 2016, we filed a trademark
application on behalf of our client for the mark "Safya"
in Kuwait in class 29. The application was assigned serial number
183881, and was then published in the Official Gazette on 12
November 2017.
BRF Singapore Foods PTE, LTD filed an opposition against our
client's application based on the following allegations:
- Similarities with their registered
trademark "Sadia" in classes 29 and 30;
- Prior use and registration on a
worldwide scale, and
- Prior registration in Kuwait since
2014.
We submitted a counter statement based on the following:
- Lack of similarities between the
marks in terms of appearance and pronunciation;
- Safya has an International
Registration as well as a home country registration (Turkey) since
2006;
- Prior use of Safya by our client in
several neighbouring countries, and
- The Examiners in the Saudi Arabia
Trademark Office did not issue any rejection based on similarity
with a prior registered mark, i.e. Sadia.
The Examiner accepted our counter statement and issued a
decision rejecting the opposition raised by BRF Singapore Foods
PTE, LTD and allowed the application for Safya 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.
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