Our client ALCON INC., requested the sign DRAGONFLY, ocular surgery apparatus. However, the Trademark Authority denied the registration of arguing a resemblance with the registered mark DRAGONFLY, C7, that identifies catheters for medical images. However, in the appeal we evidenced the differences between each medical product and highlighted that the registered mark was not renewed within its period. This was the Intellectual Property delegate´s determination for the matter, who affirmed that, the requested sign does not present any confusion and it is identifiable since the signs in conflict identify different medical supplies and that the registered mark did not renew the sign, therefore the trademark is withdrawn.
This is how our client succeeded in the appeal and managed to register and protect his trademark.
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