Following Canada (this summer) it is also possible to claim trademark protection for Brazil via the Madrid system of International Trademark Registration from 2 October. Through the International Registration it is reasonably cheap and much easier to claim protection in many countries worldwide. 121 countries have now joined this treaty. In addition to the fact that the application costs are considerably lower, maintaining the rights is much easier.
MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE.
Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark.
Infringement or not?