Our client Rodríguez Franco y Cia. S.C.S. Organización Nacional de Comercio Only. strongly opposed the application for registration of the trademark ONLYSUN (MIXTA) filed by JEFFERSON ANDRES DUQUE MONTES based on the registration of the trademark ONLY.
During the surveillance of trademarks for our clients, our Intellectual Property department became aware of the application for registration of the trademark ONLYSUN (MIXTA) to identify products included in Class 24, which are closely related to Class 25 to which the trademark ONLY belongs.
The attack to the filed application was based on the reproduction of the previously registered trademark ONLY, adding the word SUN in English language,, which is not enough to dilute the orthographic, phonetic and visual similarities existing between the conflicting signs. The above, linked to the close relationship or connection between the products identified by each of the signs.
The opposition had the expected effect, since the Superintendence of Industry and Commerce denied the registration of the trademark ONLYSUN (MIXED) requested by JEFFERSON ANDRES DUQUE MONTES, thus protecting our client’s trademarks in the market.
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