Consortium Centro America Abogados wins important case regarding the nullification of a famous trademark in El Salvador
June, 2012 - San Salvador, El Salvador
Consortium Centro América Abogados – El Salvador office counseled GRUPO MONGE (GRUPO M) and its subsidiary in El Salvador, GMG Servicios El Salvador, S.A. de C.V., owner of one of the largest retail stores in El Salvador, during a judicial case regarding the nullification of a famous trademark “El Gallo Mas Gallo”.
This trademark originally came from Costa Rica and the owner sought to register that trademark in El Salvador. The defendant submitted a commercial name trademark application for “El Gallo Mas Gallo” and phonetic component.
The Firm used in the analysis of the case a forensic anthropologist who wrote a report on the visual impact of the colors and symbols upon the consumer who viewed the similar trademarks. When there is a presence of similar symbols and colors, it created direct confusion upon the consumers who mistakenly believe the two separate stores are the same.
The Firm was successful in forcing the cancellation of the trademark submitted by the defendant. The defendant then appealed but the superior civil appellate court affirmed the decision of the trademark cancellation. The defendant then appealed to the Chamber of the Supreme Court.
The resolution granted was in the favor of our client and was based on the Paris Convention.
