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Grupo Bimbo argued that the pandemic constituted a force majeure event that severely disrupted the commercialisation of goods under the DONETTES mark
The IP Office disagreed, stating that certain products, such as Class 30 goods, were consistently treated as essential items during the pandemic
The DONETTES mark encompassed a broad array of goods, thus offering multiple potential avenues through which to demonstrate continued commercial use
By resolution No. OCDI-2024-202 of March 26, 2024, the National Intellectual Property Rights Service established that "It seems highly improbable that two different persons would have devised a distinctive sign with exactly the same terms to protect the same products, and whose registration in the Andean territory dates back to the year 2005." and nullified the registration of the SAVOY TORONTO trademark.
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