On appeal against the decision that declared our client´s opposition unfounded, highlights were made to address the fact that the Trademarks director registered the trademark COLOR LENS (+Graphic) even though said trademark is clearly descriptive due to the fact that it pretends to identify products such as contact lenses. Additionally, the lack of distinctive elements with regards to the trademark COLORBLENDS (Nominative), previously registered by our client ALCON INC made the registration of the requested trademark an illogical and unfounded decision.
In accordance to the arguments raised by our client, the delegate Superintendent for Industrial Property partially revoked the appealed decision, denying the registration of the trademark COLOR LENS (+Graphic) to identify International Class 9 products.
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