Home » Business » Red Conecta de Coomeva opposed the trademark registration of Conecta before Superindustria

Red Conecta de Coomeva opposed the trademark registration of Conecta before Superindustria

Esteban Feria Monday, March 1, 2021

According to the court, there is a certain distinctiveness between the conflicting marks, thanks to the additional elements that both provide

The Association for Research, Information and Control of Credit and Debit Card Systems, better known as Incocredito, was presented to the Superintendency of Industry and Commerce, requesting the registration of the Conecta Alertamiento de Possible Points de Compromiso (mixed) trademark with which They sought to identify class 36 of the Nice International Classification that refers to financial services and operations with credit and debit cards and their derivatives.

Faced with this, the Coomeva Cooperative opposed the registration, invoking the cause of literal a) of Article 136 of Decision 486 of the Andean Community Commission, after finding similarities with its registered trademarks.

The company assured that the sign Conecta Alertamiento de Possible Points de Compromiso is similar to the brands Red Conecta and Conecta Financiera, previously registered by the entity, which can produce a risk of confusion.

“The heart of the brand is the term connect, the rest is generic and in common use, so the distinctiveness of both brands falls on the main element,” said the entity, claiming in turn that a consumer may think that there are services in common between the applicant and the opponent since both are identified with class 36, and have a close relationship between the services provided.

Incocrédito responded to the appeal and stated that although they do not share the reasons, since the word connect belongs to the Spanish language and is in the common domain, they wanted to desist from the process arguing that their advertising consultants found that the brand does not have the sufficient degree of remembrance to position the associated product.

The management carried out a comparative analysis between the signs that managed to determine that although the sign requested for registration associates a word in common use, the mark should not be denied for that reason, since jurisprudence dictates that a sign that is made up of nominative components and at the same time graphics, it has the ability to produce an impression that gives it sufficient distinctiveness to coexist in the market.

After determining that there is no similarity between the signs, which could confuse a consumer, the court decided not to accept the withdrawal requested by Incocrédito, to deny the opposition filed by Coomeva, and to grant the Conecta Alerting of Possible Points of Compromise registration.

THE REPUBLIC +

By registering you can personalize your content, manage your topics of interest, schedule your notifications and access the cover in the digital version.


– .

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.