SIC took into account the opposition presented to determine that the other elements of the signs are not entirely different
The B&B brand Burguer & Burguers failed to register with the Superintendence of Industry and Commerce (SIC), which took into account the opposition filed by B&B Waffles.
Andrés Velásquez Londoño requested registration to identify restaurant services, food, food supply, drinks for restaurant and bar customers.
Claudia Viviana Chacón Rico opposed the request to defend her B&B Waffles brand, with which she considered that there would be a risk of confusion. The opposing brand recalled the right that exists over the expression B&B, derived from the actual and continuous effective use they have made of their sign. He also stated that the requested sign integrally reproduces the main element of his ‘B&B’ brand.
At the same time, Chacón Rico referred to the expression Burguer & Burguers to ensure that, being descriptive, should not be taken into account in the trademark comparison.
For his part, Velásquez Londoño, defended the application for registration of the sign B&B Burguer & Burguers. The applicant highlighted the expressions that accompany the opposing signs and denied the request of the opposing brand that asked not to take into account the additional elements to the ‘B&B’.
He also said that the requested trademark is registered in the Chamber of Commerce and the establishment that provides restaurant services is identified with the mentioned sign.
ÁNGELA AMAYA PARTNER OF AMAYA INTELLECTUAL PROPERTY: “The sign B&B Burger & Burgers reproduces in its entirety the relevant part of the B&B Waffles brand, without the other expressions preventing the public from thinking that they have the same business origin”.
However, the Superintendency decided to deny the request finding that the confronted signs are similarly confusing. "When appreciated together, it is observed that the relevant and distinctive word of the requested sign" B&B ", reproduces the relevant part of the preceding sign, without the names Burguer & Burguers being elements that grant distinctiveness," said the agency.
The SIC also took into account the results of the analysis regarding the competitive connection of brands.