Coexistence Agreements

By Edy Guadalupe Portal

U.S. based Herbalife International Inc. applied for the registration of a three-leaf design mark to protect goods in Class 3. The German company Adidas-Salomon AG opposed the registration, claiming that the mark applied for was similar to its famous three-stripe design. The Intellectual Property Department admitted Adidas´s opposition.

On appeal, the National Bureau of Registries confirmed the admission of the opposition, based on the fact that the companies had signed a coexistence agreement regarding Herbalife´s mark. The tribunal noted, however, that the agreement stipulated that the three –leaf design should always be accompanied by the word HERBALIFE.

Eproint

Whether your company is big or small, at Eproint you are our priority and we can take care of everything regarding legal processes to create and protect your brands, and provide you with an Intellectual Property strategy to achieve your goals.

In El Salvador, Practice Head Edy Guadalupe Portal is a partner at Eproint and has more than 25 years of experience in Intellectual Property. Since 1995, she has been recognized as the Salvadoran voice of Intellectual Property protection for always informing the IP community about changes to IP law and international treaties.

During her career, Mrs. Portal has helped numerous international law firms and in-house counsel with all facets of their IP matters in El Salvador and Central America. Her extensive practice includes work in trademarks, patents, industrial designs, utility models, copyrights, unfair competition, foreign investment, regulatory law/health registrations, licensing, franchising, appellations of origin, geographical indications, IP litigation, fashion law, new technologies, data privacy, cybersecurity, domain names, entertainment law, advertisement law, trade secrets, valuation of intangibles, and IP due diligence. She is also recognized for the great anti-piracy and anti-counterfeiting results she has delivered for her clients. She also helps coordinate Latin America Intellectual Property Protection for the firm.

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