The Trademark Office, ex-officio, decided to deny the registration of the trademark VELEZ ARTISAN (MIXTA) as it was considered confusingly similar to the previously registered trademark A ARTISAN (MIXTA). In the comparative study, the entity pointed out that the previously registered trademark was being reproduced, which could cause confusion or association among consumers.
Through an appeal, we were able to demonstrate the distinctiveness of the requested trademark VELEZ ARTISAN (MIXTA). In the comparative analysis, the Office concluded that the relevant term in the applied trademark is VELEZ and that the expression ARTISAN refers to handmade products, therefore it is considered an evocative term.
This case shows that the comparative exam, should consider, not only the common elements, but also what they represent in order to establish the degree of confusion that exists between them.
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