The Intellectual Property legal team at Fexlaw achieved a new favorable outcome in an opposition proceeding against the registration of a distinctive sign before SENADI, the National Service of Intellectual Rights, which sought to infringe upon the intellectual property rights of our client.
Following a thorough technical and legal analysis, the authority determined that the applied-for sign created a real risk of confusion and association due to its visual and phonetic similarities. This would prevent consumers from clearly identifying the true business origin of the products.
This situation was considered particularly serious, as it affected the trademark rights of our client, distorted free competition, and encouraged unfair practices such as imitation, counterfeiting, and smuggling, with a direct impact on market security and consumer protection.
The legal strategy was led by Dr. Patricia Estupiñán Barrantes and Attorney Alicia Salgado Macías, who developed a solid and well-founded defense based on applicable regulations, specialized doctrine, and relevant case law, reaffirming that the coexistence of identical or confusingly similar signs in the market is not admissible, especially when counterfeit products are involved.
At Fexlaw, we reaffirm our commitment to the protection, defense, and strengthening of Intellectual Property rights, safeguarding the value, prestige, and legal certainty of our clients’ brands.
