Trademark Dispute Resolution: Confusion Between ARME and ARMO

By Vera Abogados

Trademark Dispute Resolution: Confusion Between  ARME and ARMO

On December 26, 2013, the Delegated Superintendent for Industrial Property of the Superintendence of Industry and Commerce (SIC) of Colombia issued Resolution 85569, refusing to register the mark "ARMO" due to the opposition filed by ARME S.A. ARME argued that the trademark "ARMO" was confusingly similar to its previously registered trademark "ARME" for similar goods and services.

However, in a subsequent proceeding, the SIC reversed its decision and allowed the registration of "ARMO." ARME alleged that this decision violated Decision 486, the Andean Community's common regime on industrial property, because it did not consider the likelihood of confusion between the trademarks.

On June 29, 2023, the Administrative Chamber of the Council of State found that there is indeed a competitive connection between the goods and services of the trademarks due to their complementarity and joint use. The Chamber also stated that the trademarks share the same genre, marketing channels, and advertising, which could lead to consumer confusion as to the origin of the businesses. Therefore, the Chamber concluded that the trademarks cannot coexist in the market without creating a likelihood of confusion, and thus upheld ARME's business activity.

Vera Abogados

VERA ABOGADOS ASOCIADOS S.A.-, is a Colombian law firm with specialized lawyers, Founded more than 40 years ago, by Jorge E. Vera Vargas, Doctor in Law and Political Sciences of the La Gran Colombia University in Bogota D.C., Colombia. At present, with principal offices in the city of Bogota D.C., and offices in the cities of Cali, Medellin, Barranquilla, at national level, and at an international level in Ecuador and Panama.

The Firm is today a reference in the Andean Community, and it makes part of important international affiliations such as PRAGMA, EEIG. International Network of Law Firm, The International Trademark Association (INTA), Asociación Interamericana de Propiedad Industrial (ASIPI), Associação Brasileira da Propriedade Intelectual (ABPI), and the Chamber of Industrial Property Agents of the Republic of Argentina(CAPIRA).

VERA ABOGADOS ASOCIADOS S.A. offers professional services to prestigious Colombian and foreign companies in the following juridical areas: Industrial property, Trademarks, Patents, Copyrights, New Technologies, Disloyal Competition, Commercial Practices, Sanitary Rights, Community Right, Administrative law, Tax Law, Corporate Right and Foreign Investment and Business Rights.

The Firm offers of equal way a service of integral consultancy in Foreign Commerce, Business administration, Finance and Accountancy. The team is made up of specialized lawyers in each of the workspaces and expert multilingual professionals (Spanish, English and French) that respond with efficiency and competitiveness to the needs and demands of our customers around the world.

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