The opposition company claimed the graphic similarity for colors and packaging.
The Organization Solarte & Cia S.C.A. requested the registration of the Gronch brand with the Superintendence of Industry and Commerce (SIC) to identify products such as jams, fruit jellies, peanut butter, jams, whipped cream or salt and sweet biscuits.
Intercontinental Great Brands LLC opposed the request to defend its Oreo sign arguing that the company that made the request was copying and imitating the design elements that are part of the opposing brand, noting the elements that would make them confusing and incorporating elements of the American jurisprudence, initial location of the opposing brand, to explain why they considered the Gronch sign irresistible.
Given these arguments, the Solarte & Cia Organization responded based on the expert opinion made by a professional of the Jorge Tadeo Lozano University of said analysis, subtracted the observations that considered that the individual characteristics of each sign make them differentiable before the consumer and assured that there is no No point in common between Gronch / Oreo. In addition, according to this result, the front of the Gronch sign label has a different division from that used by Oreo and they suggest that it is very common for brands that belong to these classes to use blue tones in their logos, and cookies shaped like sandwich, round and the 'milk splash' for which Oreo alleged risk of association and confusion in the consumer.