The company VPC International Corp. appeared before the Superintendency of Industry and Commerce to register the Cosecha Viva (Mixta) brand to distinguish products included in Class 29 of the Nice International Classification, which denotes vegetable salads, vegetables, vegetables, salads fruits and others.
After the request, the company Cosechas Bebidas Naturales S.A.S. filed an opposition appeal arguing that the trademark is similarly confusing with those previously registered by the company.
Bearing this in mind, it pointed out that there is a spelling and phonetic similarity, and that the expressive force of the words between the two marks coincides, since, when analyzed together, the two signs evoke the same idea in the consumer, because they share the expression Crops. In addition, it added that the products that the requested sign seeks to identify use the same advertising and marketing channels, which would generate confusion in the consumer, who might think that the two brands have the same business origin.
Within the term granted, the company VPC International Corp. responded to the opposition arguing that the composition of its elements gives it the necessary distinctiveness to access the registration, to the extent that the trademark includes graphic and nominative elements that differentiate it from those already registered. . After its analysis, the Superindustry concluded that the typography and figurative elements of the sign are sufficiently different to establish that the requested sign cannot be confused with the opposing signs. For this reason, they consider that it is not necessary to rule on the
competitive relationship, since failing to meet one of the assumptions makes the sign registrable.
“This Directorate estimates that its graphic component makes it possible to clearly establish that the word on which most of the distinctiveness falls corresponds to the word ‘VIVA’, which despite being weak to identify products in class 29, and in general food, is different from the preponderant word of the opposing brands.”
Therefore, the Superintendency of Industry and Commerce decided to declare the opposition filed by the company Cosechas Bebidas Naturales unfounded and to grant the registration of the Cosecha Viva (Mixed) brand.
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