In this case, Almacenes ONLY, a clothing business born in Bogotá in 1954, whose current differentiator lies in providing merchandise at very low prices, safeguarded its brand and market positioning against the registration application for the mark ONLY FUTBOL TIENDA DEPORTIVA (MIXTA). In the initial stage, the Superintendence of Industry and Commerce granted the registration of the mark ONLY FUTBOL TIENDA DEPORTIVA (MIXTA), against which our client appealed the decision to seek protection for its brand, arguing the similar composition of the signs ONLY and ONLY FUTBOL TIENDA DEPORTIVA by sharing the expression ONLY, an arbitrary and distinctive element for both marks.
In addition to the above, our client successfully pointed out that the identified products and services were linked under a genus-species relationship that could lead an average consumer to confuse the brands and the products they identify, as well as the corporate origin of each brand. In alignment with the presented arguments, the Deputy Superintendent for Industrial Property revoked the decision of the initial stage, denying the registration of the mark ONLY FUTBOL TIENDA DEPORTIVA (MIXTA) requested by LYS YADIRA DIAZ LÓPEZ and protecting our client’s brand.
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