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CARGLASS® vs GLASS’CAR – PTO refuses Portuguese Logotype Application No. 47838 GLASS’CAR

Belron International Limited (Belron®) successfully opposed the Portuguese Logotype application 47838 Glass’Car Service & Device.

Belron® is the global leader in vehicle glass repair and replacement, operating in 35 countries with more than 30,000 employees. In Portugal Belron® offers the services under the brand CARGLASS®.

The Portuguese Trademark Office (PTO) refused the registration of the Portuguese Logotype Application No. 47838 GLASS’CAR SERVICE on the grounds of likelihood of confusion with the earlier trademarks CARGLASS® owned by Belron®.

The Portuguese Logotype Application No. 47838 GLASS’CAR SERVICE was applied for to distinguish a business directed to the repair and maintenance of vehicles and to retail sale of vehicle parts and accessories and was opposed by Belron®.

The PTO ruled that the commercial activity that the logotype GLASS’CAR SERVICE intended to cover is similar to the services covered by CARGLASS® trademarks (vehicle glass repair and replacement).

According to the PTO’s understanding, the signs CARGLASS® and GLASS’CAR are very similar because the dominant element is formed by the same words CAR and GLASS but in a different order.

In view of the above, the PTO ruled that the strong similarities between CARGLASS® and GLASS’CAR will lead the consumer to believe that both signs belong to the same company or have the same commercial origin.

The PTO was also of the opinion that CARGLASS® and GLASS’CAR compete for the same customers and therefore the grant of the GLASS’CAR logotype would allow acts of unfair competition allowing the applicant to take an unlawful advantage irrespectively of its intention.


21-06-2019  
 

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