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Thursday, March 11, 2021
The superindustry said that there is no risk of confusion among the brands that entered into the lawsuit, since they do not share elements
Sandra Milena Atehortúa applied to the Superintendence of Industry and Commerce (SIC) with the purpose of registering the SFC Safic brand to be able to distinguish products included in class 25 of the Nice International Classification. These refer to clothing for boys and girls.
But that registration was opposed by American Gaia Corp., the owner of the clothing brands Ela, Top One and the brand they confronted: Studio F.
The Superintendency has already resolved trademark lawsuits in the fashion industry.
The latter has a particularity, and that is that in the market it is also known by its initials SF, therefore, with that in mind, the company argued that the requested sign reproduces this element almost entirely, since it uses the same letters and that these are the abbreviation of the letters of the full name.
This, according to them, would confuse the consumer about the business origin of the products offered to the market by the applicant. They support this under the idea that, by already having classes 3, 14, 18, and 25 protected, and the opposition intending to record the last one, the products they would offer could be complementary.
The applicant indicated that a simple glance at the graphic elements is enough to account for their distinctiveness. The request has a blue and mustard background with white letters in different sizes and fonts, while the opposition has a white background with black letters in a uniform font.
For Atehortúa, the differences between the brands are so evident, that there is no reason why these two brands, which (wherever they are evaluated) have a conflict with each other.
In addition, he insisted that there is no relationship between the audiences to which the brands in comparison offer their products, since women's clothing is substantially different from children's clothing.
The SIC cannot ignore the protection that has been granted to the Studio F family of brands, but affirmed that there is no confusion between the brands other than the letters 'SF'.
Although they share these elements, the Superintendence of Industry and Commerce decided to grant the registration of the SFC Safic (mixed) brand.
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