Following the opposition filed on behalf of our esteemed client AVIDESA MAC POLLO S.A., the endeavor to secure registration and subsequent exclusive rights over the commendatory expression POLLO PREMIUM by the company INDUSTRIA FRIGORÍFICA DE OCCIDENTE SAS faced a substantial setback.
The term POLLO (CHICKEN), being inherently generic, particularly in the context of products falling under international class 29, was considered commonplace. However, the crux of the matter lay in the term PREMIUM, which carries laudatory connotations. This term is routinely employed by industry competitors to signify a product of heightened quality and excellence, thereby making it inherently descriptive.
The successful opposition not only prevented the monopolization of a commonly used expression but, more significantly, upheld the principles of fair competition within the market. By preserving the ability of various entities to use laudatory terms, the decision ensured a level playing field, where competitors can continue to highlight the superior attributes of their products without undue restrictions. This victory exemplifies our commitment to maintaining a balanced and competitive marketplace.
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If you would like for us to implement protection strategies for your trademarks or the market they are in, contact us at our email: tum@tumnet.com