Our client ASTARA MOBILITY, S.L. applied for the registration of its trademark A PREMIUM + GRAPHIC to identify services in Class 35, to which PREMIUM CAR GROUP S.A.S. filed an opposition within the established legal term. The opposition filed was based on the prior registration of the trademark PREMIUM CAR + GRAPHIC in the name of the company PC PREMIUM CAR, which was confusingly similar to the trademark applied for, and additionally that it identified related services in Class 35. We based the defense of the trademark applied for by our client on the fact that the expression PREMIUM was a weak and commonly used term in class 35, given the large number of existing registrations containing it. Furthermore, PREMIUM is descriptive of the quality of the services, which in this case turns out to be of superior quality. The Superintendence of Industry and Commerce accepted in the first instance the arguments presented in the defense, arguing that the graphic elements were relevant in each of the signs and that the expression PREMIUM is not sufficient to determine the confusability because it is of common use in class 35.
In addition, the letter “a” occupies the first place and stands out in size and disposition in the applied trademark. This decision was confirmed in the second instance in the appeal filed by the opposing party. The opposition was declared unfounded and the registration of the mark applied for was granted.
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