Our client GYMSHARK LIMITED avoided the unlawful appropriation and copying of its trademark after opposing against the GYMSHARK (MIXED) trademark requested by the company GRUPO BYB S.A.S. by invoking their internationally registered trademarks.
In collaboration with the client, our Intellectual Property department managed to demonstrate the absence of a commercial relationship between the parties and the lack of authorization from our client to the applicant to request this trademark, in addition to highlighting the obvious copy and reproduction of the trademarks owned by our client GYMSHARK LIMITED.
In line with the opposition’s arguments, and as our client pointed out, the examiner determined that the applied-for mark identified products competitively related to those of the marks invoked for opposition by our client, and that the applied-for mark was similarly confusing and fully reproduced the element graphic of our client’s international brand.
Therefore, we were able to expose the misappropriation of our client’s brand and image, leading to the denial of the requested trademark GYMSHARK (MIXTA) and consolidating the protection of the trademark for our client in Colombia. If you are the owner of a brand overseas and want to protect your business image and brands in Colombian territory, do not hesitate to contact us by email [email protected] to evaluate the trademark situation of your company and your needs.