ICC 626/2013
Type
Case
Court
Iraq Court of Cassation
Jurisdiction
Iraq
Taxonomy
Trademarks
Copyright
LexisNexis
Decision date
24 Mar 2013
Catchwords
Trademark – Similarity of Word – English – Arabic – Expert – Consumer
This case involved the rejection of a trademark DAFKILT because it included the word DAF in an existing trademark. Experts were used who confirmed in Arabic and English there was no issue with confusing consumers with these two marks.
Background
A company's acting manager filed a claim with the Commercial Court of First Instance claiming that the registrar of the trademarks at the Trade Ministry had issued a ruling partially refusing the registration of a trademark because it included the word DAF because there was an existing trademark which used the same word. However, the company claimed that the decision violates the law and as such the company objected to it and requested the court to cancel the decision and register the trademark ‘DAFKILIT'. The court of first instance issued a ruling requesting the registrar to register the trademark of the company.
Decision