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The success of designer Amelia Toro over Amelia & White

Representing the interests of our client the designer AMELIA TORO CORTES, we opposed to the registration of the trademark AMELIA & WHITE + Graphic requested by ISABEL CALLE ESCOBAR.

Among its main arguments, we highlighted that the requested trademark is confusingly similar, to the registered mark AMELIA TORO + Graphic, since both signs share the expression “AMELIA”. Even though, the requested sign contains additional expressions such as “White”, this might cause confusion among consumers, as the might think that it’s a new line or collection of the designer AMELIA TORO. Therefore, if the requested sign is registered, then it will affect the prestige and identity of the recognized designer of AMELIA TORO.

The Trademark Authority analyzed the signs and found them grammatically and phonetically confusing, since they share the expression “AMELIA”. Even though, the applied sign contains additional expressions, these words are considered as secondary and without distinctiveness. The Director upheld the opposition filed by our client and denied the registration of the requested trademark.

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