The PERRY ELLIS brand is well known in the fashion and cosmetic industry, it has managed to position its products in the main world markets.
Due to its success, it is not strange that in the cosmetic world local competitors want to imitate its positioned products at lower prices.
This was the case of Grismaldy Castañeda Peña, whom applied for the trademark “36O” to identify its cosmetic products.
Our client the company PERRY ELLIS INTERNATIONAL INC, filed an opposition against the application of the sign “36O”, due to the possible confusion among consumers.
To conclude, the Trademark Office found that visually the applied sign might generate confusion inducing into error to the public consumer. Therefore, the decision was to deny the application of the sign “36O” requested by Grismaldy Castañeda Peña.
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