“BIOPLUS” & “BIO PLUS”: Imminent risk of confusion

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The Trademarks Director upheld the opposition that led to the protection of our client´s trademark “BIO PLUS” (NOMINATIVE).

In agreement with the arguments presented in the opposition, the Trademarks Director considered that the trademark “BIOPLUS” (+ GRAPHIC) requested by Federico Guillermo Angulo Rodríguez was a reproduction of our client´s brand to the extent that both have the same orthographic and phonetic identity, which makes it impossible to differentiate the signs and poses an imminent risk of confusion among them.

Additionally, as both signs comprise services of class 5 in the Nice classification, there is a competitive connection that could lead to the confusion of providers for the same products.

For these reasons, the registration of the requested sign “BIOPLUS” (+ GRAPHIC) was denied, thus protecting our client’s brand in the market.

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