Alimentos La Porcinería Secures Kingdog Trademark Over El Rey

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Alimentos La Porcinería has secured registration for its Kingdog Salchicha Americana despite opposition from Fábrica de Especias y Productos El Rey, according to the Superintendence of Industry and Commerce (SIC).

Brand conflict over the word ‘King’

Alimentos La Porcinería requested the registration of Kingdog for products in class 29 of the Nice Classification. Fábrica de Especias y Productos El Rey opposed the request, arguing that the proposed sign would coexist with earlier marks linked to their portfolio, including The King and El Rey. The company claimed the similarity of the term “King” could confuse consumers and affect the rights it seeks to protect over its distinctive signs.

The company defended the application, stating that Kingdog should be analyzed as a denomination with its own identity. The addition of the word “Dog” gave the mark a different composition and an association with hot dogs, the market in which it seeks to position itself. Other signs in the market use the term “King” alongside graphic elements like crowns, suggesting that the presence of the word alone should not automatically block registration.

The SIC examined the arguments and the potential for confusion between the signs. The authority considered that the presence of the term “King” in various marks did not, by itself, imply a single corporate origin. It also weighed the arguments regarding the protection of the well-known mark against the risk that the new registration would harm its prestige or commercial value.

The SIC concluded that the requested mark was not ineligible under articles a) and h) of article 136 of Decision 486 of the Andean Community. Consequently, the agency found the opposition from the company unfounded and granted the registration of Kingdog Salchicha Americana to Alimentos La Porcinería.

This outcome aligns with a broader trend in trademark law where courts and administrative bodies increasingly focus on the visual, phonetic, and conceptual similarities between marks rather than simply blocking words that share a common root. If a new mark introduces a sufficient distinguishing element, such as “Dog” here, it can often overcome objections based on a famous competitor’s use of a common term, provided the overall impression does not mislead the consumer.