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Administre sus temasTuesday, November 30, 2021
The businessman and CEO of the Akmios Society had announced the launch of the new EPEKA children's fashion brand for October
ARTÍCULO RELACIONADOAkmios forgot EPK and launches to the Epeka market, its new children's clothing brand
La Superintendencia de Industria y Comercio (SIC), por medio de la Dirección de Signos Distintivos, negó el registro de la marca Epeka, solicitada por el empresario Samuel Tcherassi, quien en octubre había anunciado el lanzamiento de la misma, con un plan que incluía la apertura de 40 puntos de venta para 2022.
The request, which had been initially submitted by the legal company Star Inc.In July 2019, he became Tcherrassi for a request for transfer made on November 9.
Even so, the perspectives of the brand would be delayed after the sic gave the reason to Bridgewood Capital, head of EPK worldwide, after presenting opposition to the brand requested by its similarities with the already registered.
"The Epeka sign, cited under the reference file, lacks extrinsic distinctivity, taking into account that it does not have the ability to differentiate itself against the EPK marks of owned by my represented," the company had argued.
This case dates back to 2004, the year in which Tcherassi, through society investments plas S.A.(which was later called EPK Kids Smart, now Akmios) and Bridgewood Capital joined to bring the EPK brand to Colombia under an operation license.
However, due to an internal management conflict, in 2019, and after around 15 years of joint work, Bridgewood Capital decided to file a request for precautionary measures for infraction marked by the Superindustry, a lawsuit that still has its decision its decision.
At the time, Bridgewood sent a letter to the Tcherassi Society in which they communicated the revocation of the brand use license in Colombia.Even so, as Hernando Romero revealed, then the group's attorney, EPK Kid Smart's response was negative.
“What we received was a communication from them, in which he says that they will continue to use the brand and that they will continue in the market, and therefore came before the demand of the demand, since we will protect the rights of my client,Both the brand and its good name, ”Romero said in 2nd19.
Since then, and waiting for the resolution of the demand for marking infraction, Tcherrassi announced the brand set of Epeka, a brand that would be EPK successor, which was going to have an investment of US $ 20 million.
When asked, in an interview with LR, if the marking lawsuits with EPK had already been solved, the businessman replied that they were still in the process of registering the brand in the country.
"With the pandemic, the times have been delayed and we registered it to protect the brand, but we can open the trade establishment," he said.
He also assured that dialing messes were no longer "a factor of concern".
The contrasts
Even so, the denial of the EPEKA brand record was not the only action on the case that was known.The SIC also rejected the registration of the EPKA, EPEK and AKEPE brands, all requested in July 2019 by the legal and natural persons Azhar Corp, Legal Star Inc., and Magaly Trujillo Lombo, respectively.
As happened with the process for Epeka, on November 9, three assignment modifications were settled so that the applications in process passed in the name of Samuel Tcherrassi.In all cases, the SIC granted the petition, since the legal requirements for such action were met.
What seemed to be a strategic play to keep a brand similar to EPK, ended in absoluteness absolute.In all cases, the direction of distinctive signs, at the head of Juan Pablo Mateus, found sufficient similarities for the consumer to run at risk of direct and indirect confusion.In addition, all brands were looking for registration in classes 18, 25 and 35.
The decision, however, may not be definitive, because Tcherrassi can still present an appeal to all resolutions, which would become evaluated by the Delegation for Industrial Property, headed by María José Lamus.In the event that the resource proceeds, the businessman will have a second chance to argue why his brands should be registered despite the similarities with EPK.
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