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An Unprecedented Palestinian Court Decision extends the protection domain of the Trademark
  • 31/03/2015 14:29:00

An Unprecedented Palestinian Court Decision extends the protection domain of the Trademark "Zain" beyond the class under which it has been registered and used

The well-known Kuwaiti Company ZAIN for Telecommunication filed an opposition before the Palestinian trademark registrar against the trademark registration application "ZAIN" in class (35) for Media and Public Services by the Palestinian company Zain for Public Relations and Artistic Production LLC.

Zain for Telecommunication, who owns the registered trademark ZAIN in Palestine and other several Middle Eastern countries in class (38), claimed that there is a misleading resemblance between the two marks. However, the opposition was rejected before the Trademark Registrar. Consequently, HAG on behalf of ZAIN for Telecommunication has appealed the registrar’s decision before the Palestinian High Court of Justice.

In it is decision the High Court of Justice found that the opposed trademark is identical to our client trademark ZAIN, as it is resemble our client’s trademark in appearance, sounds, ideas and the way both trademarks are written either in Arabic or in Latin characters.

Although our client's trademark is registered in class (38) whereas the opposed trademark application is filed under class (35), the High Court of Justice found that the difference in classes should not be used a reason to register an identical trademark to our client’s trademark for the following reasons:

a-      Our client’s trademark is a very well known trademark, which is used and registered in more than 35 countries and which advertisements have been podcasted on different famous satellite channels through very famous series and programmes which are being watched by the Palestinian public,

b-       such registration will deceive the public; and/or encourage unfair trade competition as it contain false indications of origin;

At the end, the court accepted our appeal finding that the Trademark registration decision against the Law, it also decided to accept our client’s opposition and to stop the proceedings of the opposed trademark registration application.