Natura and Genomma Lab opposed Ekosepsi's brand record before the Superindustry

Reuters

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Thursday, January 13, 2022

The laboratory assured that the brand reproduces part of the main particle of its registered sign, thus generating a risk of confusion

Sosteli Group s.A.S.It was presented to the Superintendence of Industry and Commerce (SIC) to register the Ekosepsia (mixed) brand, which intended to identify products included in classes 3 and 5 of the International Classification of Nice, which denote cosmetics and disinfectants for hygienic use, respectively.

After the application, Genomma Lab International S.A.B.of c.V.He presented an opposition record by stating that the brand is confused with the registered aseptsufficient distinctivity to the requested sign ”.

Likewise, the laboratory indicated that, when analyzing the products, both are aimed at the cosmetic sector with articles destined for skin care, hair and nails, and that they have the same distribution, advertising and marketing channels.

On the other hand, Natura Cosmetics S.A.It also opposed the brand registration because in the spelling and phonetic aspects it reproduces the grammatical structure of the Ekos brand, and “despite the variations made in the denominative element, these changes do not allow establishing a clear differentiation between the signs in conflict”.This, because the signs have similarities that prevent the applicant from being a distinctive brand against priority brands, generating a risk of confusion.

The contrasts

In her defense, the applicant said that, despite the existing similarities with the aseptxia sign, the brand has differentiable elements in the graphic aspect, and that the signs should not be decomposed since together they are differentiable.In that line, with respect to the Ekos brand, he said that when consumers have contact with the requested brand they will not individualize the particle in the denominative portion, but that the entire word will take into account.

After a comparative analysis, the SIC concluded that the requested sign has elements that allow it to differentiate it from the aseptxia brand and that its coexistence in the market is viable.However, in relation to the Ekos brand, the address found that they are similarly confused, when reproducing the relevant part of the opposition word.

Por las razones expuestas, la Superindustria declaró infundada la oposición interpuesta por Genomma Lab Internacional, pero aceptó la oposición de Natura Cosméticos, negando el registro de la marca Ekosepsia (Mixta), de Sosteli Group s.A.S., in classes 3 and 5 of the International Classification of Nice.

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