Success stories
Registrations
Versa
We obtained the registration of the certification mark VERSA EXPERTOS EN CERTIFICACIÓN (mixed) to distinguish services in class 42 of the Nice international classification in favor of our client EXPERTOS EN CERTIFICACION S.A.S. The final decision dates from May 2021.
Agudelo888
We obtained the registration of the trademark AGUDELO888 (mixed) to distinguish products and services in class 25, 35 and 41 of the Nice international classification, in favor of DJ DANIEL AGUDELO CASTAÑO, who has obtained great success in Colombia and abroad and is recognized with his trademark #PUESTOSPAELPERREO, both registered by PROVIMARCAS in Colombia and other countries such as Mexico, United States, European Union.
Ultracem
We have obtained the registration of the ULTRACEM trademark for cements in Colombia and more than 20 countries around the world such as Argentina, Aruba, Bolivia, Bonaire, St. Eustatius and Saba. Brazil, Chile, Colombia, Curacao, Dominican Republic, Ecuador, Guatemala, Honduras, Haiti, Jamaica, Nicaragua, Panama, Peru, Paraguay, El Salvador, Venezuela.
Nicole Lee
The mark was applied for in 2012 and was denied by a history of the brand NICOLE LEE. In 2015 was requested and was again denied by the same background. Then the brand NICOLE appealed and the evidence of the nature of the mark was annexed (Nicole Lee is the name of the daughter of the owner of the mark). The superintendence of industry and trade mark revoked and granted by the appended tests.
Ideo
We have successfully registered changes of recognized brands at a National and International level.
UNIVENTAS a IDEO.
VID
1.National and International Trademark Registration. 2.We have successfully registered changes of nationally and internationally recognized trademarks. This is the case of the trademark CONGREGACIÓN MARIANA which changed to FUNDACIÓN ORGANIZACIÓN VID, in order to achieve national and international recognition.
Es el caso de la marca CONGREGACIÓN MARIANA la cual cambió a FUNDACIÓN ORGANIZACIÓN VID, con el fin de lograr un reconocimiento a nivel nacional e internacional.
Cancellations
Roxtone
We successfully obtained the cancellation for lack of use of the ROXTONE trademark that identified musical instruments, since the owner who registered the mark in Colombia was not using it. In view of this, our customer NINGBO ROXTONE AUDIO TECHNOLOGY CO.,LTD, a Chinese company that has the rights over the mark in that country, successfully obtained the registration of the ROXTONE mark in class 15.
Doménico
Thanks to a legal strategy on the part of PROVIMARCAS, we cancelled for lack of use the DOMENICO trademark that identified beers owned by JERONIMO MARTINS S.AS, and consequently we obtained the registration of the DOMENICO trademark to cover products and services in classes 30, 35, 43.
Madala care
We obtained the registration of the trademark MANDALA CARE (Mixed) in class 3, requested by MANDALA WELLNESS SPA S.A.S., which had been denied in two previous requests, MANDALA LA ESENCIA DE LA PERFECCIÓN and MANDALA SPA. In view of this situation and prior search of the possible use of the trademarks opposed by the SIC, we recommended to cancel them, for lack of use these two signs, obtaining the cancellation of the same and consequently the registration of the trademark MANDALA WELLNES SPA, who obtained the registration of the trademark in class 44, and currently exploits with great success these two registrations.
Oppositions
Inducascos
We prevented the registration of the trademark DO IT in class 12 applied for by SODIMAC COLOMBIA S.A., based on the trademark for DOT helmets, protecting the interests and industrial property rights obtained by our client COMERCIALIZADORA INDUCASCOS S.A.
Prometalicos
After opposing the registration of the trademark SUSUKI ACCESS in class 12 requested by the well-known company SUSUKI MOTOR CORPORATION, this company initiated a cancellation action for lack of use of the trademark ACCE of our client PROMETALICOS ARMO S.A.S, however, thanks to advice provided for by PROVIMARCAS, we were able to demonstrate the use of the trademark in the market. The trademark ACCE continues in force. We also prevented SUSUKI MOTOR CORPORATION from registering the trademark it was seeking.
Kondor
INTERNATIONAL OPPOSITION: We protected the trademark KONDOR in class 25 whose owner is our customer FABRICA DE CALZADO KONDOR S.A.S. By means of an Andean opposition, we prevented the registration in class 25 of the trademark CONDOR in Peru. As consequence of the opposition, currently the trademark KONDOR of our client is in force in this country until March 2, 2032.
Panaderia Nueva York
We prevent the registration of the trademark NEW YORK BAKERY applied for by the American chain New York Bakery Company Limited, based on the recognized trademark PANADERIA NUEVA YORK, protecting the interests and industrial property rights obtained by our client, the traditional company from Barranquilla, ORGANIZACION PANADERIA NUEVA YORK S.A.S.
The Mack
We successfully prevented the registration of the trademark MACK of VOLVO TRUCK CORPORATION, due to the previous registration of the trademark THE MACK JEANS belonging to Mr. JONYS FERNEYS RICARDO MIRANDA, our client, the opposing trademarks were:
MACK vs THE MACK JEANS 901.
Conciliations
Dkasa
We have successfully defended the trademarks of our client Distribuidora Kiramar S.A.S., with whom we established a strategy for the defense of its registered trademarks DKASA because several businessmen were copying its name without any authorization. Through conciliation as an alternative dispute resolution mechanism, we have achieved that 10 companies change the expression DKASA or others that were confusingly similar to our client’s trademarks. In this way we demonstrated the importance of conciliation as the fastest and most economical way to protect distinctive marks before third parties.
Inducascos
We have successfully protected the industrial property rights of our client COMERCIALIZADORA INDUCASCOS S.A. in relation to the infringing use by third parties of the recognized trademark for SHAFT helmets, registered by PROVIMARCAS in Colombia and in 24 other countries around the world.
Susurro Divino
Through extrajudicial claims we protected the rights of our client, the famous influencer KATERINE PELAEZ on the infringing use of her sign SUSURRO DIVINO by a third party to identify clothing.
Vetzooft
We achieved for our client, initially to avoid the registration of the trademark VETESOFT, for a product similar to the one used by our client and later in a conciliation process, in an expeditious and economical manner we achieved the commitment to withdraw the trademark from the commercial circuit. In conciliation processes, we have a record of more than 74% of processes successfully completed for our clients, with more than 100 files processed in different cities of the country, mainly in Bogota, Medellin and Barranquilla, where we have our own offices and where our clients do not incur in additional transportation or travel expenses. During the previous year, in some cases and in these non-judicial instances, we have obtained compensations of up to 100 thousand dollars in favor of our clients.
En procesos de conciliación, tenemos un record de más del 74% de procesos finalizados exitosamente para nuestros clientes, con más de 100 expedientes tramitados en las diferentes ciudades del país, principalmente en Bogotá, Medellín y Barranquilla, donde tenemos oficinas propias y en los cuales nuestros clientes no incurren en gastos adicionales de trasporte ni viáticos. Durante el año anterior, en algunos casos y en estas instancias no judiciales, hemos logrado indemnizaciones hasta por 100 mil dólares a favor de los clientes.
Jurisdictional processes
Galfer Industrial Property Infringement
PLAINTIFF: INDUSTRIAS GALFER S.A.
DEFENDANT: LUZ BIBIANA LOPEZ RUIZ.
We represented our client LUZ BIBIANA LOPEZ RUIZ, holder of the registration of the trademark GALFER in Colombia that identifies auto parts, in a process of unfair competition filed by INDUSTRIAL GALFER S.A., with which it was intended that the judge declare the commission of unfair acts by our represented company when using and registering the GALFER trademark. however, the SIC judge and the magistrate of the superior court of Bogotá concluded, thanks to our defense, that our client was not performing unfair acts and consequently condemned the plaintiff.
Guayacan Industrial Property Infringement
PLAINTIFF: GUAYACAN S.A.S
DEFENDANT: INVERSIONES 4425 EL MORDISKO S.A.S.
We successfully protected the rights of our client GUAYACAN S.A.S. through a jurisdictional process of infringement of industrial property rights, by obtaining a favorable judgment declaring that INVERSIONES 4425 EL MORDISKO S.A.S. infringed the rights obtained with the registration of the trademark MORDISCOS in class 43, and consequently condemned the company to cease the immediate use of our client’s trademark and pay a high indemnity for damages and prejudices.
Industrial Property Infringement Make a Wish, Magic Candles
PLAINTIFF: JOHN FREDY JARAMILLO HOYOS
DEFENDANT: NATALIA ANDREA HOLGUÍN CANO
We secured that the Delegation of Jurisdictional Matters of the Superintendence of Industry and Commerce declare that NATALIA ANDREA HOLGUÍN CANO infringed the industrial property rights held by our client JOHN FREDY JARAMILLO HOYOS. Likewise, it was ordered the infringer not use the trademark PIDE UN DESEO, VELAS MÁGICAS, in any of its possible combinations, either in advertising, physically or virtually or in web pages, to identify similar or confusing activities with the activity of marketing and distribution of products “VELAS, VELAS DE COMPLEAÑOS Y VELAS EROTICAS” and condemned it to pay a sum for damages and costs of the process.
Industrial Property Infringement Dental innovation
PLAINTIFF: LABORATORIO INNOVACIÓN DENTAL S.A.S
DEFENDANT: INNOVACIÓN DENTAL CLÍNICAS ODONTOLÓGICAS S.A.S
We successfully obtained in proceedings for industrial property infringement that the claims of our client LABORATORIO INNOVACIÓN DENTAL S.A.S. were declared founded, due to the fact that the company INNOVACIÓN DENTAL CLÍNICAS ODONTÓLOGICAS incurred in the infringing use of the distinctive signs of our client. In this case the defendant was ordered to cease the use of similarly confusing expressions and to remove all physical advertising, website etc.
Process Unfair competition Mobis
Representing the Auto Parts guild, we achieved within the process of unfair competition where we served as defendants, that the counterparty desisted from the lawsuit where it tried that our customers did not market the MOBIS brand, (original brand for Hyundai and Kia cars) and that they also transferred the brand to a third party, thus allowing the marketing by our customers of spare parts worth more than 100 million dollars annually, who were seriously committed to initiating civil and criminal proceedings that had been initiated by the trademark owners against several of the auto parts.
Success of sinergia
SUCCESS OF SINERGIA
From our allied branding company SINERGIA NARANJA, we design and develop trademarks for our customers, and in addition to this we obtain legal protection for them. In this way we deliver to our customers a complete package of creation and registration of marks at highly competitive prices in relation to the market of creative companies; additionally these marks are born with a registration probability study which makes the procedure economic, efficient and effective.