In this case, our client ALPINA PRODUCTOS ALIMENTICIOS S.A. BIC opposed to the registration of the trademark NOT MILK requested by the company THE NOT COMPANY SPA., in order to protect the interest of every businessperson in being able to use the expression MILK to identify dairy products or milk substitutes on the market. In addition to the above, our client highlighted the lack of intrinsic distinctiveness of the brand to be able to be registered as a brand.
In accordance with the arguments presented, the Trademark Office found that the trademark NOT MILK lacked the necessary distinctive aptitude to be registered as a trademark given that the translation of the expressions are clearly identifiable by the consumer public and do not allow the association of said trademark to a particular business origin, without the graphic element of the brand being able to provide further distinctive elements. Therefore, the examiner denied the registration of the trademark NOT MILK, protecting the interest of traders to be able to use the word MILK to identify dairy products and milk substitutes on the market.
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