Opposition against the Trademark Application for “Vitafusion” in the name of Northwest Natural Products, Inc. (now Church & Dwight Co., Inc.)

Arias, Fábrega & Fábrega successfully defended the Trademark Application for “Vitafusion”, No.207234-01, in Class 05, in an opposition suit filed by Altian Pharma Sociedad Anonima, based on their previous registration for Vitafusal.

We were able to defend the Trademark Application for “Vitafusion”, based on the principle of specialty, and the different networks of distributions that “Vitafusion” and Vitafusal have; not allowing the confusion between the costumers, that will buy each product.

We advised the client of the strategy on how to proceed, since it had just acquired the Trademark, and the opposition was filed in the name of previous owner of the Trademark. Furthermore, we advised on the gathering of evidence and on the strategy on how to defend the trademark. We supervised and monitor the trademark at the Trademark Office; and advised on the speciality rule that was applied to defend this trademark.