Likelihood of confusion

By Edy Guadalupe Portal

The Salvadoran Company Cooperativa Ganadera de Sonsonate de Responsabilidad Limitada filed a trademak application to register SALUDELFIA to protect dairy products in International Class 29. Kraft Foods Inc. opposed this application, based on a likelihood of confusion with its famous PHILADELPHIA mark, which is well-known in El Salvador and many other countries.

The opposition was not admitted by the Intellectual Property Department, which stated that the trademark SALUDELFIA originated from the trademark SALUD, which was registered by the Salvadoran company to protect dairy products. The National Bureau of Registries on appeal admitted the opposition of Kraft Foods Inc. due to a likelihood of confusion of the marks to protect cream cheese and due to the fact that the package of the Salvadoran SALUDELFIA cream cheese is silver, with an oval surrounding the mark, and the recipe included in the package are just like the PHILADELPHIA brand cream cheese.

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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