Suite 209, 2nd Floor, Garhood Flower Building, Al Garhood, Dubai
P.O. Box 49140, United Arab Emirates
Tel: +971 4 2829777    Fax: +971 4 2828559
E-Mail: info@alliedipattorneys.com   Web: www.alliedipattorneys.com

N e w s l e t t e r 

Fourth Quaterly

Year: 2005


Contents

1 Increase of official fees in Qatar
2 Increase of official fees in Oman
3 Bahrain embraced 8th edition of the Nice Classification
4 Egypt passes new regularory rules
5 UAE & KSA accept late filing of documents
6

Case of the Month

Nada Beverages
Vs.
Societe des Produid Nestle

 

 

Allied IP Attorneys
Suite 209, 2nd Floor Garhood Flower Bldg., Al Garhood,
P.O. Box 49140
Dubai
United Arab Emirates

Tel: +971 4 2829777
Fax: +971 4 2828559
info@alliedipattorneys.com
www.alliedipattorneys.com




Abdelazim Hassan & Associates

Abdelazim Hassan & Associates -Khartoum, Sudan, is our regional head office for the entire Africa. Abdelazim Hassan & Associates is one of the leading Legal Consultancy firm and IP Service provider in Sudan.



 

 

 

 

 

 

 

 

 

Disclaimer

All the trademarks used in this newsletter are just for information purposes only. All logos or trademarks appearing in this newsletter are the sole property of their owners. Copyright 2005 Allied IP Attorneys No part of this Newsletter may be reproduced in any medium without the written consent from Allied IP Attorneys



Allied IP Attorneys is pleased to issue and circulate this newsletter which reflects the most important and recent changes in the IP procedure/laws in the Middle East countries.
 
Increase of official fees in Qatar
The Qatar Trademark Office has recently increased its professional charges. As you may note, there is an average of 550% increase in the charges, which leaves us with no choice rather than to increase our charges for Qatar. Moreover, the ministerial decision is applicable not only to new applications, but also to old applications for which the registration fees are not yet paid. This means that from now onwards all official actions will be done under the new schedule of charges. The new charges came into effect from June 2005.


New Fee
Trademark filing 275.00 $
Publication fees 83.00 $
Registration fees 548.00 $
Obtaining true copy 135.00 $
Renewal Fees 548.00 $
Trademark Search 274.00 $


Increase of official fees in Oman
A new ministerial decision has increased the Oman trademark office official fees. The ministerial decision is applicable to not only new applications, but also to old applications for which the registration fees are not paid. This means that from now all official action will be done under the new schedule of charges. The decision was applied immediately by the Oman Trademark Office as from June 2005


New Fee
Trademark filing 275.00 $
Publication fees 83.00 $
Registration fees 548.00 $
Obtaining true copy 135.00 $
Renewal Fees 548.00 $
Trademark Search 274.00 $



Bahrain embraced 8th edition of the Nice Classification
The Bahrain Trademark office has recently adopted the 8th edition of the Nice Classification. Thus, Bahrain now accepts applications in classes 43, 44 & 45.


Egypt passes new regulatory rules
  1. Late filing of documents is no longer acceptable before the Egyptian Trademark Office. The POA and Certificate of Incorporation both legalized are required at the time of filing the application.
  2. Since a trademark is normally registered to be used or with intent to use, the Egyptian trademark office accepted our argument that natural persons are not under duty to have an establishment at the time of filing and accordingly they require the POA only.
U.A.E & Saudi Arabia accept late filing of documents.
The Trademark Offices of United Arab Emirates and Saudi Arabia accept late filing of the documents. Therefore, the application(s) can be filed without the original Power of Attorney (POA) which can be submitted at a later stage. However, an undertaking promising to submit the POA at the earliest has to be filed .
  

Case of the Month

Pure Life®

Nada Beverages Co. ltd

Vs.

Société des Produis Nestlé

Concise Info

Pure Life trademark was registered in Sudan through the international registration No. 694649 by Nestlé S.A, but they never seemed to use the registered trademark in Sudan for 5 years consecutively. The Khartoum IP Court ordered the cancellation due to Non-Use.

 
In Detail

The trademark Pure Life was registered in Sudan on 27/05/1998 through the international registration No. 694649 for Nestle S.A. The registration was challenged by a local Sudanese company Nada Beverages Co. Ltd, who is interested in this trademark. The cancellation action was based on Non-Use of the registered trademark for 5 consecutive years from the date of registration. Nestlé S.A. did not submit any defense and thus admitted the non-use of trademark. Accordingly, The Khartoum Commercial and Intellectual Property Rights Court issued its decision to cancel the international registration owned by Nestlé S.A.

This decision was actually an implementation of Section 24 of Sudanese Trademark Act 1969, which allows any second party to apply for cancellation of any registered trademark which is not used in Sudan for Five (5) consecutive years after its registration date.

Though the defendant admitted their non-use of the mark, the case raised the issue whether trademarks registered in over 75 countries and which might be regarded as a famous mark can be subjected to cancellation due to non-use?


Nada Beverages Co. Ltd. (plaintiff) was represented by Abdelazim Hassan & Associates a member of Allied IP Attorneys.


If you require to discuss regarding the above case in Sudan or require a copy of the judgment, please do not hesitate to contact our Dubai-UAE Office.