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The Superintendency of Industry and Commerce resolved in second instance the claims of the Actualidad Panamericana portal to continue using that name.
The Superintendency signed resolution No. 32360 of May 10, 2018, of the Directorate of Distinctive Signs that declared unfounded the opposition filed to the registration of the Actualidad Panamericana trademark dedicated to entertainment, humor and political satire.
The appeal was presented by businessman Carlos Federico Ruiz, representative of the renowned Panamericana bookstore and stationery, which has locations nationwide.
It was noted that the similarity of the two brands can confuse consumers and that the expression Actualidad is not enough to differentiate the two signs. It also warns that this situation increases the risk of loss of brand positioning.
In its decision, the firm recognizes the notoriety of the Panamerican firm “to distinguish retail marketing services for books, newspapers, articles
of stationery and office supplies on behalf of third parties “.
However, it considers that although they coincide with the Pan-American expression, there are other factors that prevent the confusion of the trademarks, such as their letters, colors and shapes.
“We see the opposite signs has additional elements CURRENT
PANAMERICANA / PANAMERICANA, which allow to conclude that in the present
matter will not generate risk of confusion or association, likewise, it should be taken into
note that the word PANAMERICANA, this Office finds that the word
mentioned, it is a weak expression when indicating the possible geographical origin of the
products and / or services. “, reads the decision of July 1. The case will have a new chapter in the Council of State, a body attended by the plaintiff.
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