On multiple occasions, the registration of a trademark encounters numerous opponents who consider that, on the grounds of similar letter usage, the requested sign may lead to confusion regarding their own trademarks.
This was the case of CATERPILLAR INC, who opposed to the registration of the trademark “CATSAS CONSTRUCCIONES DE ALTA TECNOLOGÍA” requested by our client, CONSORCIO METALÚRGICO NACIONAL S.A.S.
After the denial of their opposition, CATERPILLAR INC appealed the decision, against which the Deputy Superintendent for Trademarks determined that, despite sharing the letters “CAT”, the requested sign “CATSAS” and the opposing signs “CAT” and “CATERPILLAR” do not lead to a risk of confusion among the trademarks as they are pronounced differently, which allows distinguishing the signs phonetically and grammatically.
Additionally, the Delegate determined that unlike the opposing signs “CAT” and “CATERPILLAR”, which find a Spanish translation of both animals, the requested sign “CATSAS” is a fantasy expression that has no meaning in Spanish, for which no risk of confusion is possible.
In consequence, the Delegate confirmed the decision to register our clients´ brand, thus succeeding on the appeal and with the protection of our clients´ intellectual property.
If you seek protection for your trademarks and intangible property, contact us at our email: firstname.lastname@example.org