Our client, ACCELYA BIDCO LIMITED, requested the registration of his trademark ACCELYA + GRAPHIC, that identifies software platforms for Airlines, which was denied ex officio based on the registration of the previous registered trademarks AXELYS and CELYA. The Office indicated that the trademark applied for, included the CELYA trademark and could be confused with the AXELYS trademark.
The initial decision was revoked on appeal, thanks to the arguments filed by us, that evidenced the differences that existed between the trademarks in conflict. For this reason, the Trademark Office within the comparative exam, pointed out that although there were some spelling coincidences, their pronunciation was different and therefore their coexistence would not generate confusion among consumers.
This case demonstrates that nominative coincidences alone are not enough to conclude the confusion of the signs and that it is relevant to take all aspects into account before rendering a decision.
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