Our Client, Jemella Group Limited, a British Company, has filed on 24 June 2008 a trademark application for "GHD" in classes 3 & 9 under No. 218777, the application was published in the official Gazette No. 835 dated 29 April 2010.
The "B. G for Import & Export (Yaqoub Yousef and partners)", an Egyptian company, filed an opposition against the above application claiming that they are the owners of the said trademark.
The Opposition was based on the following:
- The opponent is the owner of trademarks "ghd hair straightener" in Class 35 and "GHD" in Class 11 in Egypt.
- The opponent has priority in use and registration.
- The opposed trademark application is filed with bad faith.
- The registration of the opposed trademark will damage the interests of the opponent.
Our counterstatement was based on the following:
- The list of goods of our Client's trademark is different from the opponent's and not interrelated.
- The opponent failed to file any documentary evidence that prove the prior use of his trademarks in respect of Classes 11 & 35.
- Our client's applications are in Classes 3 & 9, while the opponent's registrations are in Classes 11 & 35.
After full prosecution, the Registrar has issued his favorable decision rejecting the opposition and subsequently accepting the registration of our Client's application in both classes in Egypt.
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