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Friday, October 1, 2021
Three societies opposed the sign requested by similarities in the spelling, phonetic and visual elements among them,
Before the Superintendence of Industry and Commerce (sic) the importing company Dinstía S was presented.A.With the intention of registering the Cambridge Polo Club (mixed) brand, to identify products included in category 25 of the Nice International Classification, which denotes clothing, footwear and hattering items.
After the request, The Polo Lauren Company presented an opposition letter against the registration, arguing that the brands are similarly confused by sharing the notorious expression of the brand and having competitive connection between the two.
The clothing designer company also assured that the similarities not only occur in the denominative elements, but the graphic elements are identical, since “it makes use of the graphic of a pole player mounted on the horse with the deck in theair ”and express the same concept before the consumer public.
Under the same line, the opposition defense said that, if the coexistence of the brands is allowed, by sharing the same structure, it can create a risk of confusion and association in the consumer public."The signs in conflict have similarities of great magnitude that, in case of coexisting in the market they would hardly be differentiable for a consumer," he said.
On the other hand, GJF Innovation S societies.A.S.in liquidation and pole1 s.A.S.They also opposed the requested registry claiming that the trademark is phonetically similar to its previously registered sign ‘Polo Club’.
In addition, "there is identity, similarity, connection, complementarity, substitute capable of producing consumer confusion about the origin of the products," concluded the defense.
Within the term granted by the regulatory entity, importing dynasty counteracted stating that the expression ‘pole’ is commonly used to protect products in class 25.Similarly, he pointed out that the opposition company is not the owner of the sport known as Polo and, therefore, anyone could register the name of the same or figurative elements of people practicing pole.
Additionally, the requesting defense stressed that the grammatical structure is not the same, since the number of syllables present in both brands is different, since the registered trademark is formed by three syllables, while the sign requested to registration consists of two syllables ”.
The contrasts
After a comparative and irregular analysis, the Superintendence of Industry and Commerce (sic) concluded that the expression Polo has an insufficient conceptual content to confuse the consumer, since it can refer to a garment of dress or a sport that requires some implementation and equipment."The requested sign coincides not only in the nominative element, but also contains the same graphic concept consisting of a rider on his horse practicing the polo sport," he added.
In the same way, the address found that there is a risk of confusion, because the consumer may think that there was an extension of the previously registered business scheme, corresponding to the same type of benefits with identical purposes."There is a relationship between them, since in both cases it is possible to access one or the other through the same ducts," he said.
For the reasons stated above, the Superindustry declared founded the oppositions filed by The Polo/Lauren Company and the GJF Innovation S societies.A.S.in liquidation and pole1 s.A.S.and denied the registration of the brand Cambridge Polo Club (mixed) of Importadora Dinstía S.A.In International Class 25.
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