On this case, our client MONSTER ENERGY COMPANY requested a graphic trademark with a face of a stylized lion, to identify energy drinks. However, RBF S.A.S. licensing corporation of FABRICA DE ESPECIAS Y PRODUCTOS EL REY, opposed to the registration of the trademark of our client, arguing that the requested mark reproduced the figure of a tiger, like their registered trademarks EL TIGRE and SUPERTIGRE. So, they considered this could lead to confusion and association between the products thar identify each sign.
As main arguments, our client highlighted that the filed opposition pretended to confuse the examiner in some main points that need to be cleared, such as: i) The requested sign is the face of a lion and not of tiger, like the registered mark. ii) The registered trademark has the profile of a tiger, while the sign of our client has a lion facing forward. iii) The requested graphic trademark is innovative, since the lion’s mane is represented by flames. Additionally, is evident the differences the visual differences between the marks in conflict, that are EL TIGRE y SUPERTIGRE, when the suggested trademark is integrated by a lion, which do not generate any confusion at all.
The Trademark Authority considered important to highlight that, the registered trademarks, due contain an additional image and word mark of EL REY, that highlights a difference, therefore the consumers have the capacity to difference between the registered mark and the requested sign.
The trademarks director denied the opposition presented by RBF S.A.S. licensing corporation of FABRICA DE ESPECIAS Y PRODUCTOS EL REY and granted the registration of the graphic mark by our client MONSTER ENERGY COMPANY
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