Blue Cross and Blue Shield Association (“Blue Cross”) is the registered owner of the following marks in class 36 (financing of hospital and health care services):

Blue Cross opposed the trademark application of OSI ORGANIZACION SANITAS INTERNACIONAL to the following mark in class 36 (health insurance activities)

Blue Cross contended that the blue cross of OSI’s mark, its dominant feature, is confusingly similar to its logo.

The IPO Bureau of Legal Affairs dismissed the opposition of Blue Cross and pointed out the lack of similarity between the two marks. The Honorable Bureau explained that –

“Firstly, the Respondent-Applicant’s cross device is accompanied by the letters “OSI” and the word “OSI ORGANIZACION SANITAS INTERNACIONAL”, none of which is present in the Opposer’s mark.

Secondly, the figures of the cross or plus design are distinctive from each other. The Opposer’s “CROSS DESIGN” and “CROSS AND MAN DESIGN” marks both include a pie-shaped design cut into a figure of a man inside the cross or plus design. On the other hand, the Respondent-Applicant’s cross or plus logo looks cut slanted in half, the cut portion of which is separated by an S-shaped or wave-like space.

Thirdly, the symbol of a cross or plus is commonly used in hospitals, medicine and other health-related services. In fact, the Trademark Registry of this Office reveals several other trademarks involving insurance, medical and hospital services appropriating a cross or plus design xxx”

This decision is not yet final pending the resolution of the appeal lodged by Blue Cross to the Director of the Bureau of Legal Affairs.

Blue Cross and Blue Shield Association v. OSI ORGANIZACION SANITAS INTERNACIONAL (IPC No. 14-2016-00247, March 22, 2018

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