The word Guaraná has associations with Latin American
countries around the equator even in the minds of those who do not
know what Guaraná is. In fact, Guaraná is a climbing
plant in some subtropical countries. It contains caffeine and is
used in soft drinks and food additives. AMBEV, a Brazilian company
filed a trade mark application No 2016706914 in 2016 for goods and
services in Class 32.
The patent office refused registration. The reason was that the
claimed designation is confusingly similar in respect of similar
goods to the trade mark No 600926 with an earlier priority
belonging to another person. The trade mark is below:
The examiner noted that the word Guaraná included in the
claimed designation characterises the goods indicating their kind
or properties and therefore should not be protected.
