Jordan based patent attorneys Qumsieh report filed an application in the Palestinian Authority (referred to by Qumsieh as the State of Palestine) for a trademark for Halley on behalf of their Client, Yildez Holding Anonim Sirketi, a Turkish company, on 25 June 2015 in class 30. The mark received the trademark number 27208. The application was published in the Palestine Official Gazette on 15 December 2015 subject to the opposition period of 3 months.
A Saudi Arabian company, under the name of Abdullah Al Othaim Markets, filed an opposition against our client’s application on the basis of it:
- Being a well-known company in terms of commercialising food products;
- Being the owner of the registered trademarks “Haley” in Latin and Arabic characters in classes 21, 29, 30, 31, and 32;
- Prior registration of “Haley” in the home country and abroad since 2003;
- Claiming their mark “Haley” as a well-known trademark, and
- Commercialising their products under the trademark “Haley” on their website, which is known to consumers worldwide.
Qumsieh countered that:
- Their client is also a worldwide, well-known, company established in 1989;
- Their client is the owner of the registered trademark “HALLEY” in Turkey and worldwide in classes 29 and 30 since 1993;
- The trademark “HALLEY” is well-known worldwide, and customers now associates this brand with Yildez Holding Anonim Sirketi, and
- The trademark is widely used worldwide and in Palestine [sic].
After reviewing the matter, the Palestine Trademark Registrar allowed HALLEY to register.
We note that the stylized mark Halley is registered in Israel for plumbing products, namely: faucets, shower installations, shower cabinets, shower cubicles, bathtubs, water closets, sinks, wash-hand basins, urinals, sanitary apparatus in the form of squatting pans, toilet seat lids, toilet cisterns; all included in class 11.
If the Palestine Territory mark is also for sanitary equipment, and Haley (not registered in Israel) sells food products, there is indeed little likelihood of confusion.