¿Aproximación indeseable como fundamento de la confundibilidad marcaria?
Published date | 01 October 2013 |
Date | 01 October 2013 |
Law Firm | Marval O'Farrell Mairal |
Para así decidir, y revocar el fallo de primera instancia que las había declarado inconfundibles, la Cámara se basó en los siguientes argumentos: (a) el vocablo “crucero” no configura una designación común o genérica para distinguir servicios de transporte terrestre, que es a lo que se dedican ambas empresas, toda vez que el publico no asocia de manera evidente y directa el vocablo “crucero” con esa modalidad de transporte; (b) aun en el hipotético supuesto de que “crucero” sea una designación común en la clase 39 para distinguir servicios de transporte terrestre, el hecho de que el término “crucero” figure en primer lugar en las marcas en pugna no favorece la distinción, ya que las raíces, en general, son las que poseen mayor poder identificatorio, porque son las que primero se memorizan; y (c) las restantes partículas que acompañan a la voz “crucero” tampoco aportan un factor de diferenciación relevante, pues tanto “del Valle” como “del Norte” denotan procedencia, siendo la referencia geográfica de ambas bastante genérica e imprecisa.
Por lo tanto, la Cámara concluyó que las marcas eran confundibles pese a que la palabra “crucero” es de uso común en la clase 39 –en dicha clase había 22 marcas registradas con la palabra “crucero”–, porque existe la posibilidad de equivocación del público consumidor.
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