On this case, our client ALPINA PRODUCTOS ALIMENTICIOS S.A. opposed to the registration of the trademark KIOSKO KIDS + (Graphic) requested by ONTARIOLIMITED D/B/A KISKO PRODUCTS.
As main arguments, our client highlighted that the requested trademark was highly similar and confusing with regard to their own trademark KIOSKO PARA VIVIR SANO, previously registered in Ecuador in Class 29, 30 y 32 , the fact that they are conceptually identical, sharing the expression “KIOSKO” and the resemblance of Alpina colors in their graphic elements.. Additionally, if the Trademark Authority allows the registration of the applied sign, it will put on risk of dilution the family od marks of Alpina, since the request sign claims the same products.
Consequently, finding that the conflicted trademarks were almost identical and could pose an imminent risk of confusion in a situation of coexistence, the trademarks director upheld the opposition presented by our client and denied the registration of the requested trademark.
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