This case represents an effort from our client ALPINA PRODUCTOS ALIMENTICIOS S.A. BIC to protect the right that assists every merchant to use descriptive and commonly used expressions to identify their products.
THE NOT COMPANY SpA requested the registration of the trademark NOTMILK (NOMINATIVE) to identify products located in the International Class 29, specifically “milk substitutes”.
In opposition to this request , our client ALPINA PRODUCTOS ALIMENTICIOS S.A. BIC highlighted the fact that, on the one hand, the requested sign lacked distinctiveness as it was composed exclusively of descriptive expressions of the products and, on the other hand, that allowing the registration of said trademark would imply the appropriation of descriptive and commonly used expressions used to identify products in the market, which should be available to all merchants for the identification of their products.
In accordance to the arguments raised by our client, the Trademarks director upheld the opposition, consequently denying the registration of the requested trademark NOTMILK (NOMINATIVE), thus protecting the rights of all merchants to use expressions related to their not dairy nature in the market.
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