Imagine that you have a craving and ask your child to go to the store for AREPA D´QUESITO (in English: Cheese arepas”). Before heading out to the store your son diligently asks you “Which brand shall I get?”, to which you´d think “He´s got a point, it is not clear which brand I want. What a complication, I don´t have my cell phone at hand to show him what the brand looks like!”.
Our client ALPINA PRODUCTOS ALIMENTICIOS S.A. BIC. made sure that neither you nor your son have to face this situation.
By opposing the registration of the requested trademark AREPA D´QUESITO and, arguing that said trademark was descriptive of the products it intended to identify (arepas, arepas with cheese), our client was able to expose the lack of distinctiveness of the requested trademark and, consequently, both the Director of Distinctive Signs (in first instance) and the Delegate Superintendent for Industrial Property (in second instance) accepted the arguments set forth in our client´s opposition and thus denied the registration of the requested trademark, preventing confusion scenarios in the market, thus avoiding scenarios of trademark confusion as well as eventual discussions with your son about which brand of arepas to buy.
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