The Competent Court/Division Regarding Qatar Trademark Disputes

Analysis

Al Tamimi & Company's Qatar Litigation team successfully won a recent lawsuit (Court of Cassation) brought on behalf of a Swiss watchmaker following a dispute which arose from the trademark registration process where the Swiss watchmaker was prevented from registering their trademark by a rival high end watchmaker for trademark infringement.

Background to the Case

The Claimant/our client, a Swiss watchmaker, is the owner of a trademark which had been registered in the office of origin, Switzerland, with the World Intellectual Property Organisation (WIPO) and also registered internationally. The Claimant lodged an application to register their trademark in Qatar, which consisted of a semi-figurative trademark featuring the company name and a symbol, with the Ministry of Business and Trade's Industrial Property Rights Office. The application was accepted and as part of the examination period was published for opposition purposes in the monthly Official Gazette.

An objection to the registered trademark was filed with the Trademark's Registrar by the Defendant on the grounds that the Claimant's trademark shared an identical symbol to theirs. The Registrar issued a decision upholding the objection made by the Defendant and the registration process was halted.