La Sabana Avesco Commercial and Industrial Company represents Kokoripop
In the Superintendence of Industry and Commerce, trademark lawsuits are a constant. On this occasion, the company Commercial and Industrial Company La Sabana Avesco requested the registration of the Kokoripop brand to distinguish products included in class 29 of the Nice International Classification, which corresponds to products for food use.
Once the application was published in the Gazette of Industrial Property, Comercial Allan S.A.S. filed opposition against the application for registration based on the grounds of irregularity.
In this sense, Comercial Allan S.A.S argued that, “such request would be violating the intellectual property rights that Comercial Allan S.A.S, owns on its trademark” Popsy ”, duly registered in several classes.
It should be noted that the company Comercial Allan S.A.S, has been making effective use of the trademark for several years.
In the face of this opposition, the company Commercial and Industrial Company La Sabana Avesco SAS pronounced and stated that, “the Kokoripop brand by its nature is a distinctive expression insofar as it does not have an associated meaning that can describe or designate the products covered. In fact, it is not generic or descriptive to identify chicken and its derivatives, products of the International class 29, since there is no direct and immediate or direct connection between them and the Kokoripop expressions ”.
After knowing the arguments and responses of the two companies in dispute, the SIC Directorate of Signs proceeded to make an analysis to verify if the brand in process would be immersed in any cause of irregularity and could show that the words are totally different and They can be differentiated by consumers. “This Directorate observes that although the Kokoripop / Popsy comparative signs share a certain similarity, since they contain in their structure the POP syllable, analyzing them as a whole as they should be examined, it is found that the grammatical composition of the sign requested for registration differs notably from the preceding sign, since it contemplates a broader syllabic extension which makes its consonant and vowel sequence totally dissimilar from the opposing marks, since each of the confronted signs has its own grammatical features that allow its differentiation so there is no risk that these in front of the consumer public cause risk of confusion ”.
JUAN CARLOS MARTÍNEZ SALCEDO
PARTNER OF MARTÍNEZBAEZ CONSUTORES
"In this case the brands in conflict share the expression POP, however, they have no risk and the consumer has sufficient elements of judgment to say that the products are different"
Therefore, the SIC Directorate decided to declare the opposition filed by the company Comercial Allan S.A.S unfounded and grant the registration of the Kokoripop brand.
“Taking into account that there is no similarity or identity between the confronted signs capable of generating a risk of confusion or association, it is not appropriate to pronounce ourselves on the relationship between products and / or services,” concluded the SIC.