The opposing company noted that the requested sign could be confused with its brand due to the similarities they had
Today, home applications have become popular due to the facilities they provide to consumers, especially in the time of the covid-19, whereby citizens from different parts of the world must maintain confinement. This has led to more and more people turning to these applications to make their purchases from restaurants.
One of these applications is Orders Now, which on this occasion presented opposition to the Superintendence of Industry and Commerce (SIC) for the registration application made by the company Ras Tas S.A.S.
This company intended to register with the SIC the Pediidos brand to identify a software application for mobile devices, which is included in class nine of the Nice International Classification.
The opposition company Orders Already pointed out that the sign to be registered had several similarities with its brand and that it could also make the same impression on the consuming public.
“Phonetically and structurally it preserves the idea of the word requests; thus generating a high risk of confusion and / or association; especially when it is a distinctive word for the type of products and services compared here ”, concluded the opponent.
In addition, he pointed out that given the similarity between the two brands, consumers might think that they belonged to the same business origin, and that the company decided to expand its products or services with this new brand.
As the requesting company did not present an answer to the arguments, the Management decided to carry out the study of illegality and the comparison of marks, and found that, as the opposition had pointed out, Requests was already part of a family of marks.
"This Directorate cannot ignore the protection granted to the applicant in the registration of its family of brands, whose commercial efforts have been directed at perpetrating the expression Orders Now in the consumer's mind," he said.
Finally, the SIC found that in addition to there being a similarity between the brands, there was a competitive connection between the services they offered.
Therefore, the final decision was to declare the opposition of Orders Now founded to defend the brand of its app and deny the registration of the Pediidos sign, which Ras Tas had requested.
See original news at: https://www.asuntoslegales.com.co/pleitos/aplicacion-de-domicilios-pedid...