Arua’s application to register its name as a trademark for clothing, footwear, and headwear products was initially opposed by Makro and Ara. The two companies argued that the name Arua could be confused with their own trademarks.
The opposition was based on the similarity between the names, which could potentially cause confusion among consumers. Makro Supermayorista, in particular, pointed out the resemblance between Arua and its own trademark Aro.
Jerónimo Martins Colombia, the company behind Tiendas Ara, also objected to the registration, citing the potential for consumers to associate Arua with its own family of brands. The company claimed to have over 10 trademarks that include the expression Ara.
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However, the Superintendencia de Industria y Comercio (SIC) ultimately rejected the oppositions, finding that the similarities between the names were not sufficient to prevent registration. The SIC analyzed the composition, pronunciation, and graphical elements of the names to determine whether consumers could confuse them or associate them with each other.
The SIC also examined the existence of the Ara and Aro families of trademarks, recognizing that repeated use of an expression in different registrations can create associations between products. Nevertheless, the SIC clarified that this protection does not automatically extend to any sign that shares some letters, unless the common element is incorporated in a way that consumers can perceive the new trademark as a variation or extension of the previous ones.
Ultimately, the SIC declared the oppositions from Makro Supermayorista and Jerónimo Martins Colombia unfounded and granted the registration of the Arua trademark for clothing, footwear, and headwear products.
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