The processed mark was not granted, because the SIC considered that the signs confronted there are similarities that make them conceptually confused
The citizen Juan Felipe Escobar Arango requested before the Directorate of Distinctive Signs of the Superintendence of Industry and Commerce (SIC) the registration of the mixed Bull Beer brand to distinguish products and services included in classes 32 and 43 of the Nice International Classification, which includes food products without alcohol.
The mark processed was not granted, since the SIC considered that the signs confronted there are similarities that make them conceptually confusing. "In effect, the signs are identical in the ideological field, evoking exactly the same idea or concept, by sharing the expression Bull," said SIC representatives.
"It is important to bear in mind that the primary element to determine the existence or inexistence of similarity between comparable brands is the meaning of them," the Superintendence of Industry clarified.
"The Bull Beer sign, requested for registration in this file, is subject to the grounds for non-registrability mentioned in Article 136, literal A and H of Decision 486 of 2000, since it presents a great conceptual similarity to well-known and previously registered trademarks. My representative, the Red Bull Gmbh company cited as the basis of this opposition, "said the lawyer of the multinational Red Bull.
The legal representative also assured that "(the Bull Beer sign) has the ability to dilute the distinctiveness of the well-known and previously registered trademarks by my represented and cited as the basis of this opposition."
Within the term granted for that purpose, Juan Felipe Escobar Arango, responded to the opposition arguing: "phonetically, the pronunciation of the marks is totally different, since the sign" B "for the brand" Bull Beer ", is a phoneme bilabial sonorous, which means that produces the sound is produced with the use of the lips, who print the sonority in the pronunciation of the consonant ".
"Therefore," continued the legal defense of Mr. Escobar Arango, "in the 'Bull Beer' brand, the sound produced by the consonant that opens the expression, is much more elaborate in its articulation and sordid the impact of its enunciation."
After the comparison that compared the brands, the non-viability of the pending sign was determined.
The lawyer expert in trademark issues Julio Durán Montoya, partner in the law firm Del Hierro Abogados, gave his opinion on the ruling made by the SIC and denied the registration of the sign.
The lawyer said: "faced with an evident lack of registration strategy and use of a notorious sign such as Red Bull, the Superintendency, rightly, denies the registration request, stating the objections of the previously registered sign."