Merely Desciptive
By Edy Guadalupe Portal
Herbalife International, Inc., a corporation based in the U.S.A., filed a trademark application for SKIN ACTIVATOR, to protect goods in Class 3. The Salvadoran company Elementos Naturales, S.A. de C.V. opposed the application on the ground that the applied-for mark was descriptive; the Intellectual Property Department accepted the opposition and refused registration.
The National Bureau of Registries, on appeal, confirmed the Department’s decision.