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Administre sus temasTuesday, January 25, 2022
American mattresses argued that the similarities of his brand with the requested could induce consumers error
Before theSuperintendence of Industry and Commerce (sic) the company G was presented.OR.C.S.A.To register the American brand (nominative) to distinguish products included in class 24 of the International Nice classification, which denotes household clothes.
Luego de la solicitud, la sociedad InacsaS.A.S.He presented an opposition record, ensuring that the requested sign is confused with the previously registered trademarks of which it is the owner: American, mattress, American and American Mattress.
In that sense, the company said that the corresponding signs are practically identical to those registered, so they could evoke the same concept in the consumer, and could generate confusion in the ideological aspect, because there is a similarity of the productsidentified with conflict signs.
In his defense, G.OR.C.S.A.He argued that the expression ‘America’, with all its aspects, denotes something belonging or relative to America, or the Americans, and that it is used by many merchants with the aim of defining the origin of the products made.
Additionally, he added that the expression ‘Americanino’ is of fantasy and lacking meaning inSpanish, so there would be no impediment for coexist with brands that have that same denomination."These types of products have a special characteristic and that the consumer does not require specialty or prior technical knowledge that forces him to perform a critical analysis of the brands he acquires," they said.
Luego de un análisis comparativo y de irregistrabilidad, laSuperintendencia de Industria y Comercio concluyó que los signos bajo estudio presentan similitudes susceptibles de generar confusión o de inducir a error al público consumidor, debido a que son gramaticalmente similares y el signo solicitado reproduce totalmente las marcas opositoras, sin que la variación “Ino” en el solicitado logre eliminar el riesgo de confusión latente.
In addition, he pointed out that the collection expressions are articulated in a similar way, so that consumers, in a first impression, could associate the signs with the same business origin or believe that it is a new line of products of the registered trademarks.
Por las razones expuestas, laSuperindustria declaró fundada la oposición interpuesta por InacsaS.A.S.and decided to deny the registration of the American brand (nominative), of G.OR.C.S.A.To distinguish products in class 24 of the International Nice classification.
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