World Trademark Review ' The Fact That Two Marks Cover Different Classes Is Not A Determining Criterion When Examining The Risk Of Confusion

Published date28 October 2020
Subject MatterIntellectual Property, Trademark
Law FirmCorralRosales
AuthorMr Katherine Gonz'lez H

Our associate Katherine Gonz'lez publishes an article in the specialized media World Trademark Review in which she comments on SENADI's decision to reject Discovery's opposition against the registration of the trademark DOKI MAS LOGOTIPO, based on its previous trademark DOKI. On appeal, the Intellectual Property Office ruled that the fact that two trademarks belong to different classes does not necessarily imply that there is no confusion between them and that there was a direct relationship between their goods and services.

In the text, Gonz'lez explains that, initially, SENADI granted the registration of the DOKI MAS LOGOTIPO brand for class 44 services; SENADI considered that there was no risk of confusion with the DOKI registered trademark, since the latter belonged to a different class. In the appeal to this registration, the Intellectual Property Office accepted the opponent's arguments and established that the fact that two trademarks that belong to different classes is not a determining criterion to assess the risk of confusion between them.

"In the first instance, SENADI rejected the opposition and granted the registration because there was no risk of confusion...

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