Es necesario señalar la conexidad en oposiciones entre marcas de clases distintas
Date | 22 November 2017 |
Published date | 22 November 2017 |
Law Firm | Marval O'Farrell Mairal |
En este caso, la actora, que operaba en el mercado inmobiliario desde el año 2011, había demandado por cese de oposición al Sr. Schnaider, quien había fundado su protesta en una marca que se encontraba registrada en una clase distinta a las solicitadas por el Sr. Villamayor, sin demostrar en qué consistía su actividad comercial ni la vinculación entre las clases 35 (solicitada) y las clases 36-45 (oponentes).
En primera instancia, se hizo lugar a la demanda con costas a cargo del demandado. Contra este pronunciamiento apeló el accionado, agraviándose por considerar que los signos en pugna eran idénticos y servían para distinguir servicios similares, entendiendo que se había aplicado erróneamente el principio de especialidad.
La Cámara sostuvo que, si bien hay situaciones que justifican prescindir del principio de especialidad –como, por ejemplo, afinidad entre los productos, identidad en la materia prima empleada o conexidad en los modos de comercializarlos–, le correspondía al oponente probar las circunstancias que justificaran su oposición y ameritaran dejar de lado el principio de especialidad, y que no bastaba con consideraciones generales o abstractas. Esta carga no había...
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