monster Energy
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Thursday, May 27, 2021
Although Monster assured that the signs are identical, the applicant said that it is looking for the clothing market and not the energy drinks market.
Melissa Medina Martelo applied to the Superintendency of Industry and Commerce, requesting the registration of the M (mixed) mark, which sought to identify products included in category 25 of the Nice International Classification, which denotes clothing and its derivatives.
After the request, the company Monster Energy Company filed an opposition appeal, taking advantage of the cause of article 136, literal a) of Decision 486 of 2000 of the Andean Community Commission.
The energy drinks company assured that there are visual and nominal similarities between the confronted brands that would not allow establishing differences between the signs, so that consumers could be led to a possible association error.
“In effect, in both sets the letter 'M' stands out as a central element, in capital letters, with very similar characteristics between the signs and as it is a set with a light composition, it allows the coincidences to be definitive. When observed, the consumer will appreciate them in an identical way, ”Monster Energy commented in its writing.
After the arguments, Melissa Medina Martelo refuted the opposition, assuring that the objective of the Monster Energy brand is the sale and production of energy drinks, totally differing from the applicant, who seeks to market clothing and its derivatives.
“It is not possible for our company to appropriate the recognition of the brand known as Monster Energy for the sale of our products, since the difference in the marketing of its product and the campaigns used for the recognition of our brand is substantial and obvious," added the petitioner.
After the elements presented, the SIC proceeded to carry out its comparative analysis, in which it found that, although the signs share a certain similarity, there are no significant coincidences, since they present elements that allow the two signs to be differentiated.
"The coincidence in the nominative description of the letter 'M' is not the object of appropriation or denial," the court commented in the analysis.
For this reason, the Superindustry decided to deny the opposition filed by Monster Energy Company and grant the registration of the mark M (mixed) in the international class 25.
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