A lot of times the sound makes the difference. That was the conclusion drawn by the Colombian Trademark Office while analyzing the registration of the trademark XHARA + GRAPHIC in International Classes 29 and 35 on behalf of our client INDÚSTRIAS XHARA LTDA. According to what was stated by the authority, when consonants “XH” are found at the beginning of a word, such letters produce a sound equal to the phoneme “CH”. Hence, the requested sign XHARA + GRAPHIC is completely differentiable to the sign in which the opposition was based PASTA ZARA + GRAPHIC. Since the first is pronounce asCHARA while the second as PASTA SARA. Thus, the flute sounded, and we obtained our client’s trademark registration.
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