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Tuesday, November 16, 2021
The management of the regulatory body found an ex officio trademark that made the registration unfeasible, since it shared the root of an antecedent sign
Arvey de Jesús Giraldo Gómez appeared before the Superintendence of Industry and Commerce (SIC) to register the Lovepks brand (nominative), which was intended to identify products included in class 25 of the International Classification of Nice, which denotes shirts and clothing of clothing.
Following the application, Victoria's Secret Stores Brand Management, INC filed an opposition brief against the registration, alleging that there is a competitive connection with its Love Pink brand, because they are identical and closely related products, therefore they share the same nature complementary and interchangeable.
The fashion store also assured that, in the event of coexistence, it could be thought that the products marketed by the applicant come from the antecedent brand, since "it is evident that they have spelling, phonetic and visual similarities, which could be misleading to customers".
Similarly, it pointed out that the trademark applied for almost completely reproduces the structure, without the change in two of its letters allowing the differentiation of the trademarks.
In his defense, the applicant assured that the brand is distinctive, since "it fulfills the function of letting consumers know the origin of the services, that is, the business or company that provides or sells them."
After a comparative and non-registrability analysis, the SIC concluded that, although the signs share a certain similarity due to the particle 'Love', each one of them has additional elements that generate that “when pronounced and transcribed they produce an impression totally different in the consumer, so that in the case of coexistence they would not generate a risk of confusion or association”.
However, the management found a trade mark called EPK with which the applicant is similarly confusing, since "an unsuspecting consumer might think that these are two marks with the same business origin, and that the new sign 'Lovepks ' is a new product line or the new image of EPK”.
For the reasons stated, the Superindustry declared the opposition filed by Victoria's Secret Stores Brand Management, INC. unfounded. but denied the registration of the Lovepks brand (nominative), of Arvey de Jesús Giraldo Gómez, in class 25 of the International Classification.
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