Cyber ​​Monday of the Ccce did not stop the trademark registration of Siber Promos in the Superindustry

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Tuesday, October 12, 2021

The opponent stated that there would be confusion in the consumer, since both signs share the same services in the same category

The Daccach Hermanos y Almacenes SI chain filed before the Superintendence of Industry and Commerce (SIC) with the intention of registering the Siber Promos (mixed) brand, to identify products included in category 35 of the Nice International Classification, which denotes mail-order retail services of clothing and clothing accessories.

After the request, the Colombian Chamber of Electronic Commerce (Ccce) filed an opposition brief against the registration, stating that there is a conceptual similarity to its brand Cyberlunes, since the inclusion of the expression 'promos' indicates that , when making purchases through the website, the consumer will obtain certain promotions, the same idea of ​​the already registered brand. The opponent also added that there would be a risk of confusion and association among clients, since the services identified by one brand and another are identical.

In contrast, the requesting defense argued that there is no similarity between the brands, since the additional graphic elements of each brand allow them to be differentiated from each other. "The registered trademarks have different names and nominative factors, the applicant is accompanied by a bag and a percentage sign, while the opponent has a shopping cart," he clarified in his response.

After a comparative and non-registrability analysis, the SIC management stated that, although the brands have similarities in their nominative aspect, they have additional elements capable of generating differentiation. In addition, "at the orthographic level, the confronted signs present different vowel and consonant chains that cause a different overall impression to be emitted," he said.

CONTRASTS

In the same way, the regulatory body established that the expressions that accompany the word allow that, in case of coexistence, there is no risk of confusion or association, since the visual impact helps to be different in the market. Additionally, "when pronounced and transcribed, it produces a totally different impression on the consumer," he stated.

For the reasons previously stated, the Superindustry declared the opposition filed by the Colombian Chamber of Electronic Commerce (Ccce) unfounded and granted the registration of Siber Promos (mixed), Daccach Hermanos and Almacenes SI in international class 35.

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