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Similarity of marks
The DNPI upheld the opposition for classes 3, 14, 18 and 25 and granted the trademark for class 41.
The advisors understood that there were similarities between the in dispute trademarks that could cause confusion and lead consumers to an error concerning the origin of the products. In this regard they highlighted that the POLO trademarks and the elements that surround this sport such as whips, horses, hockey caps have acquired such distinctive force that their use in only one sign is enough to drive people to believe all the other signs come from the same company.
In relation to class 41, the advisors understood that the evidence that was presented did not prove that polo was a well known brand for that class, so the Principle of Specialty was applied to the case.
Pittaluga Abogados
Pittaluga Abogados, has initiated its professional practice 20 years ago, as an Intellectual Property Law Firm.
After some years providing a specialized and top level service for foreign clients, many of them among the world premier companies, Pittaluga Abogados obtained a recognized international prestige in said field, which convert it into one of the leaders Intellectual Property Law Firms in Uruguay.
Thus, today in P&A we take pride in emphasizing that our goal has always been and will continue being, to keep a personal relationship with our clients, considering at all times the priorities of our clients as our own, with the belief that each one of them is unique and irreplaceable.
