The sun shines again


Under the renewed glow of the sun, we are pleased to share a success story that underscores the importance of clarity and strong argumentation in the trademark registration process. In this particular case, our valued client, SMA SOLAR TECHNOLOGY AG, faced a challenge when opposing the registration application for the SUNNYCLEANBOT (NOMINATIVA) mark by the company SUNNY APP S.A.S.

In the initial stage, the examiner issued a decision declaring the opposition justified only in relation to a portion of the products and services requested by the mark, without providing sufficient arguments and reasoning to support such a decision. Faced with this lack of motivation and clarity in the examiner’s argumentation in the initial stage, our client decided to appeal.

During the appeal phase, our client succeeded in highlighting the absence of motivation and clear argumentation by the initial examiner. We convincingly demonstrated that, contrary to what was indicated by the examiner, the entirety of the products and services identified by the requested mark were competitively related to the products and services identified by our client’s opposing marks, namely, SUNNY BOY (NOMINATIVA), SUNNY PLACES (NOMINATIVA), and SUNNY PORTAL (NOMINATIVA).

In response to our strong arguments, the appellate examiner took our perspective into account and partially revoked the decision of the initial stage. As a result, the complete registration of the requested mark was denied, thus allowing the ongoing protection of our client’s marks.

This achievement not only highlights the effectiveness of argumentation and the presentation of solid evidence but also emphasizes the importance of persistence and commitment in defending trademark rights. At Triana, Uribe & Michelsen, we celebrate this success that reinforces our dedication to providing effective legal solutions and protecting the interests of our valuable clients.

Discover the exceptional range of specialized legal services offered by Triana, Uribe, and Michelsen, a legal firm committed to excellence and backed by decades of experience. We take pride in standing out in key areas such as intellectual property, litigation, corporate law, contracts, and sanitary registrations, providing comprehensive solutions to protect your interests and ensure the success of your projects. In the field of intellectual property, our expert team provides strategic advice for the protection of trademarks and patents, as well as copyright management. In litigation, we face legal challenges with determination, representing your interests in commercial, labor, or civil disputes. In corporate law, we offer comprehensive advice from company creation to restructuring, ensuring regulatory compliance and strategic decision-making. Precise drafting and expert interpretation are crucial in our contract services, where we assist in crafting clear and equitable agreements to protect your rights and commercial interests. Additionally, in the complex field of sanitary registrations, we facilitate obtaining them, ensuring your products comply with all regulations. With a personalized approach, proven results, and an unwavering commitment to professional excellence, at Triana, Uribe, and Michelsen, we not only offer legal services but solutions that propel your success. Trust us to take your company to the next level. Contact us today and discover how we can serve you better!

If you seek protection for your trademarks and intangible property, contact us at our email: [email protected]

The sun shines again