Monday, 30 July 2012

DELL establishes notoriety of reputation in Colombia opposition proceedings

The Colombian Trade Mark Office, in deciding on the registrability of the trade mark DELL for furniture in Class 20 of the Nice Classification, declared that the DELL mark was a 'notorious mark' that belonged to the US-based Dell Inc, and not to the trade mark applicant. This mark, said the office, was highly distinctive in the Colombian market for Dell's computer and technology products.

Dell sought a declaration of notoriety for its DELL mark in opposition proceedings against a Panamanian company's application to register the identical mark. To support its claim, Dell filed evidence regarding the sale and advertising of products sold under the DELL mark, in order to demonstrate the public's awareness of DELL-branded products within the relevant markets in the Colombian territory.

Having reached its conclusion, the Office added that:
the presence of the DELL mark in several publications -- whether general or specialised -- demonstrated the significance of the mark in connection with computer products; and

market studies showed that the DELL mark was the fourth most recognised mark on a national level.
All these findings were definite indicators of the positioning and reputation of the trade mark DELL in connection with computer and technology products.

Source: "DELL mark held to be notorious" by Fernando Triana and Grace Sutachan (Triana Uribe & Michelsen, Bogota), World Trademark Review, 26 July 2012

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