Similarity of trademarks

The trademark office sustained the opposition presented by Stokely – Van Camp’s against the registry request from Societé des Produits Nestlé S.A. trademark, “LABEL (THUNDER BOLT)”, in international class 32 , as they resemble the pre-registered trademarks “Label” (Design: Gatorade Thunder Bolt) and “GATORADE THIRST QUENCHER” (combination) property of the petitioner, both registered in International class 32.

The opponent based the claim on their brand name notoriety, the unfair competition of the petitioner and the similarity between the disputing trademarks.

The Advisor understood that this was a case of similarity between trademarks, in which confusion was likely to occur. He points out that both designs (labels) are visibly similar. The aforementioned states that they are two figurative marks, similar not only graphically, but also for the concept evoked. This creates the illusion that both trademarks belong to the same trademark family and therefore, the same company.

In effect and according to the trademark office “the requested trademark does not present the differences required by law to coexist peacefully in the trademark registration and the market”.