The court of appeals emphasizes the necessity that the
consumers identify directly the products with the trademark object
of the claim and that it is not a secondary sign.
In a ruling dated May 16, 2017, in the case entitled "Nike
Argentina SRL v. Pace Susana on nullity of trademark",
Division III of the National Court of Appeals in Federal Civil and
Commercial Matters revoked the judgment of First Instance which had
sustained the request for cancellation of Nike Argentina S.R.L.
("Nike Argentina") of the trademark "ZOOM"
(registered at the name of Ms. Susana Pace).
The First Instance judge sustained the plaintiff's claim,
who had requested the cancellation of registration of the trademark
"ZOOM", in class 25 (Reg. No. 2.047.506), with foundation
in the evident use at a worldwide level of the trademark "NIKE
ZOOM" and in section 24, subsections b and c of the Trademarks
Law No. 22.362, which sets forth: "nullity of the registered
trademarks (...) by whom, upon the
