The German SME ‘Fordermorder GmbH’, specialised in the manufacturing of machine components, decided to expand their business to Latin America and Argentina was selected as the first destination.
The EU SME was aware of the importance of IP protection, and decided to register the company’s name and logo as trade marks, as well as the name of their star product “Zeit”. The trade mark applications were filed for products included in Class 7 of the Nice Classification: machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated, etc.
Four months later, after the applications were filed, Fordemorder’s IP lawyer informed them that an opposition had been filed against the “Zeit” trade mark application by the owner of the mixed mark (word + logo) ‘Zeit’, who had already registered the mark for jewellery products in Class 14 in Argentina.
Given that ‘Zeit’ was the German company’s leading product and taking into account that the conflicting products were so different and the signs were not strictly identical (the previous trade mark consisting of a graphic element on top of the word ‘Zeit’) , they considered that the opposition would likely fail and preferred to proceed with the registration procedure.