In an increasingly competitive industry, brand protection becomes crucial to ensure a company’s identity and success. In this context, the case of SERTA, INC. and its defense of the SERTA brands against the registration of the SENTĀ trademark, requested by María Catalina López Galvis, stands out as an example of the importance of constant vigilance and proactive action in intellectual property matters.
Our client, SERTA, INC., a leader in the mattress and related products industry, recognized the potential threat posed by the registration of the SENTĀ trademark to identify products in the International Class 20. During the trademark monitoring carried out by our Intellectual Property department, this registration request was detected, involving products closely related to those marketed under the SERTA brands.
Faced with this situation, the decision was made to file an opposition based on the clear orthographic, phonetic, and visual similarities between the trademarks in question. It was also argued the close relationship between the products identified by each of the marks, which evidenced a risk of confusion for consumers.
The opposition document submitted exhaustively detailed the reasons why the registration of the SENTĀ trademark should be denied, highlighting the risk of dilution of the SERTA brands and the possibility of market confusion. Concrete examples of products and marketing materials supporting this position were provided.
The Superintendence of Industry and Commerce, upon analyzing the arguments presented by SERTA, INC., decided to deny the registration of the trademark requested by María Catalina López Galvis. This decision represented a significant achievement for our client, as it ensured the protection of their brands in the market and avoided potential unfair competition.
The victory in this case highlights the importance of having a specialized legal team in intellectual property and of actively monitoring trademarks to identify and address any threats to a company’s reputation and identity promptly. It also demonstrates SERTA, INC.’s commitment to protecting its intangible assets and its position in the market.
As a result of this proactive action, SERTA, INC. reinforces its position as a leader in the industry and sends a clear message that it is willing to aggressively defend its intellectual property rights. This experience also underscores the importance of collaboration between the client and their legal team to achieve successful outcomes in brand protection and defense against infringements.
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