Dell sought a declaration of notoriety for its DELL mark in opposition proceedings against a Panamanian company's application to register the identical mark. To support its claim, Dell filed evidence regarding the sale and advertising of products sold under the DELL mark, in order to demonstrate the public's awareness of DELL-branded products within the relevant markets in the Colombian territory.
Having reached its conclusion, the Office added that:
the presence of the DELL mark in several publications -- whether general or specialised -- demonstrated the significance of the mark in connection with computer products; andAll these findings were definite indicators of the positioning and reputation of the trade mark DELL in connection with computer and technology products.
market studies showed that the DELL mark was the fourth most recognised mark on a national level.
Source: "DELL mark held to be notorious" by Fernando Triana and Grace Sutachan (Triana Uribe & Michelsen, Bogota), World Trademark Review, 26 July 2012
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