Dear Khun Suphansa,
We apologize for late feedback on your queries for Kuwait and would like to update you about our responsible associate’s answers as follows:
· Original Stationery Co. filed the testimony in reply to our appeal requesting the cancellation of its mark “Double A logo” under Reg. No. 55134 as per attachment.
· In return, Original Stationery Co. has retorted by also requesting the court to cancel your Kuwaiti Trademark Reg. No. 79171. We have asked our associate to summarize the grounds of cancellation and Original Stationery Co.’s testimony in English and are waiting their reply.
· However, the attached testimony did not contain any statement or request from Original Stationery Co. to the court to issue an order prohibiting the importation of your “Double A logo” products into Kuwait. Our associate advised that Original Stationery Co. cannot request such prohibition from the court unless it can successfully cancel your registered trademark and receive an official verdict from the court. Therefore, in case your distributors received warning letters or written notices or phone calls from Original Stationery Co. asking the cease of sales of your “Double A” products in Kuwait, please email the same to us and we will discuss with our associate whether such documents or calls can be legally enforceable for the time being and the solutions to counteract.
· For the “DOUBLE A” products of Original Stationery Co., since Original Stationery Co. has held a registered trademark under Reg. No. 55134, legally speaking it has the right to use such registered mark with the registered goods in Kuwait. However, as you can see, the trademark actually used in commerce is different from the registered mark but the main components are the same, including the word “Double A” and the tree logo. Nonetheless, we understand your concerns about the co-existence of such products in the market and the possibility to remove them from the market, and we emphasized such concerns to our associate. Our associate is considering this issue and will respond to us with their fees and course of action to process.
We have meanwhile requested for legal advice from another associate as further options for consideration. However, as this associate has not handled your trademark case in Kuwait since the beginning, it may take a couple of days for them to review the matter and provide feedback.
We will try to chase up for advice and quotation from our associates and get back to you within next week.