Administrative Appeal: Trademark Registration Dispute

Judgment summary

This case involves an administrative appeal before the UAE Union Supreme Court regarding a trademark registration dispute. The appellant, 'Koshary & Sweets Mr. Hanafy', sought to register its trademark but was rejected by the Ministry of Economy's Grievance Committee due to an objection from the appellee, who owned the registered trademark 'Sayed Hanafy'. The appellant argued that the trademarks were sufficiently distinct in their overall visual and phonetic composition, despite both containing the common name 'Hanafy'. The Supreme Court analyzed the trademarks based on Federal Decree-Law No. 36 of 2021. It found that the overall impression of the appellant's mark, including its circular design and additional descriptive words, was different from the appellee's mark. The court ruled that the common name 'Hanafy' cannot be monopolized and, given the differences, there was no risk of consumer confusion. Consequently, the court overturned the lower court's decision and accepted the registration request.