Subject: RV: 83740659, 83740666, 83740677, 83740692, 83740700, 83740702, 83740708, 83740716 VE CAN of CERTS, CLORETS, CERTS POWERFUL MINTS and CLORETS POWERFUL MINTS by HERLINGEN 2026
From: Magdaly Aguilar <[email-masked]>
To: Magdaly Aguilar <[email-masked]>
Date: Fri, 24 Apr 2026 17:10:35 +0000

De: Blancaflor, Jing R <[email-masked]>
Enviado el: jueves, 16 de abril de 2026 2:57 p. m.
Para: Guillermo Lopez <[email-masked]>; Rubio, Noemi <[email-masked]>; Paula Alfaro <[email-masked]>; Velia Bracho <[email-masked]>
CC: Ruben Calderon <[email-masked]>; Trademarks Bolet & Terrero <[email-masked]>; [email-masked]' <[email-masked]>
Asunto: RE: 83740659, 83740666, 83740677, 83740692, 83740700, 83740702, 83740708, 83740716 VE CAN of CERTS, CLORETS, CERTS POWERFUL MINTS and CLORETS POWERFUL MINTS by HERLINGEN 2026

Hi Guillermo,

Thank you for your quick revert.

As the deadline has been moved to April 21, will you be able to check for any online presence for CLORETS in Venezuela, as requested by Noemi, and confirm if this will be able to support the response to the non-use cancellation, in addition to the bad faith argument? You will note, however, that our March 26th e-mail, it was mentioned that we do not distribute CLORETS in Venezuela.

Looking forward to your response and the draft for review.

Kind regards,

Maria Jasmin R. Blancaflor
Director & Senior Counsel, Global Intellectual Property (Trademarks)
Mondelez UK Holdings and Services Limited
Bournville Place, Bournville
Birmingham, B30 2HP
E: [email-masked]<mailto:[email-masked]<mailto:[email-masked]%3cmailto:[email-masked]>>
mondelezinternational.com

.

Mondelez International Internal

From: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>
Sent: 16 April 2026 19:47
To: Blancaflor, Jing R <[email-masked]<mailto:[email-masked]>>; Rubio, Noemi <[email-masked]<mailto:[email-masked]>>; Paula Alfaro <[email-masked]<mailto:[email-masked]>>; Velia Bracho <[email-masked]<mailto:[email-masked]>>
Cc: Ruben Calderon <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>; [email-masked]' <[email-masked]<mailto:[email-masked]>>
Subject: Re: 83740659, 83740666, 83740677, 83740692, 83740700, 83740702, 83740708, 83740716 VE CAN of CERTS, CLORETS, CERTS POWERFUL MINTS and CLORETS POWERFUL MINTS by HERLINGEN 2026

Hi Jing, Thank you for your email. We confirm safe receipt of your instructions. Accordingly, we will proceed only with the defense of CLORETS in Class 30, on the basis of bad faith, as indicated in our previous email. Please also note that

Hi Jing,

Thank you for your email.

We confirm safe receipt of your instructions. Accordingly, we will proceed only with the defense of CLORETS in Class 30, on the basis of bad faith, as indicated in our previous email.

Please also note that the deadline to file the response has been extended to next Tuesday, April 21, 2026.

We will proceed accordingly and will keep you posted.

Best regards,
Guillermo

Guillermo A. López Z.

Attorney at Law

Bolet & Terrero | Caracas, Venezuela
Tel +58 212 750 3000 | [email-masked]<mailto:[email-masked]> | www.byt.com.ve<https://urldefense.com/v3/__http:/www.byt.com.ve__;!!KwM0_Rgk!L1nz6B4gPsYliGdF5se-uLb-O4VZ7ePQgqzxVPZnf-jToNUEEYuEe_rkVE5Bf_HLClEiG9fLR5klMrq7YXb3$>

From: "Blancaflor, Jing R" <[email-masked]<mailto:[email-masked]>>
Date: Thursday, April 16, 2026 at 1:32 PM
To: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>, "Rubio, Noemi" <[email-masked]<mailto:[email-masked]>>, Paula Alfaro <[email-masked]<mailto:[email-masked]>>, Velia Bracho <[email-masked]<mailto:[email-masked]>>
Cc: Ruben Calderon <[email-masked]<mailto:[email-masked]>>, Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>, "[email-masked]'" <[email-masked]<mailto:[email-masked]>>
Subject: RE: 83740659, 83740666, 83740677, 83740692, 83740700, 83740702, 83740708, 83740716 VE CAN of CERTS, CLORETS, CERTS POWERFUL MINTS and CLORETS POWERFUL MINTS by HERLINGEN 2026

URGENT:  DEADLINE OF APRIL 16, 2026.

Hi Guillermo,

Further to the e-mail below, we only intend to defend CLORETS in class 30 on the basis of bad faith as you indicated in your e-mail. No defence for class 5 and for CLORETS POWERFUL MINTS.

Looking forward to your acknowledgment.

Thanks

Maria Jasmin R. Blancaflor
Director & Senior Counsel, Global Intellectual Property (Trademarks)
Mondelez UK Holdings and Services Limited
Bournville Place, Bournville
Birmingham, B30 2HP
E: [email-masked]<mailto:[email-masked]<mailto:[email-masked]%3cmailto:[email-masked]>>
mondelezinternational.com

Mondelez International Internal

From: Blancaflor, Jing R
Sent: 16 April 2026 17:26
To: 'Guillermo Lopez' <[email-masked]<mailto:[email-masked]>>; Rubio, Noemi <[email-masked]<mailto:[email-masked]>>; Paula Alfaro <[email-masked]<mailto:[email-masked]>>; Velia Bracho <[email-masked]<mailto:[email-masked]>>
Cc: Ruben Calderon <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>; [email-masked]' <[email-masked]<mailto:[email-masked]>>
Subject: RE: 83740659, 83740666, 83740677, 83740692, 83740700, 83740702, 83740708, 83740716 VE CAN of CERTS, CLORETS, CERTS POWERFUL MINTS and CLORETS POWERFUL MINTS by HERLINGEN 2026
Importance: High

Hi Guillermo and Velia,

What is the deadline of April 16, 2026? Is this the filing of the answer to the non-use cancellation actions against our marks?

On March 24, 2026, Noemi sent an e-mail asking for information regarding sale of CLORETS online on e-commerce platforms.  See e-mail below.  In your April 9, e-mail, there is no response to this.

In your e-mail, you recommend defending the CLORETS registrations.  Is this on the basis of bad faith?  If so, let’s proceed to file the response.

Looking forward to your confirmation today.

Thanks

Maria Jasmin R. Blancaflor
Director & Senior Counsel, Global Intellectual Property (Trademarks)
Mondelez UK Holdings and Services Limited
Bournville Place, Bournville
Birmingham, B30 2HP
E: [email-masked]<mailto:[email-masked]<mailto:[email-masked]%3cmailto:[email-masked]>>
mondelezinternational.com

From: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>
Sent: 09 April 2026 16:48
To: Rubio, Noemi <[email-masked]<mailto:[email-masked]>>; Paula Alfaro <[email-masked]<mailto:[email-masked]>>
Cc: Ruben Calderon <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>; Blancaflor, Jing R <[email-masked]<mailto:[email-masked]>>; [email-masked]' <[email-masked]<mailto:[email-masked]>>
Subject: Re: 83740659, 83740666, 83740677, 83740692, 83740700, 83740702, 83740708, 83740716 VE - Cancellation Actions against trademarks CERTS, CLORETS, CERTS POWERFUL MINTS and CLORETS POWERFUL MINTS - Deadline: April 16, 2026

Dear Noemí, Thank you for your email. We agree that HERLINGEN’s conduct may be used affirmatively to support a bad-faith position. Based on the pattern described, this does not appear to be an isolated filing strategy, but rather part of a broader

Dear Noemí,

Thank you for your email.

We agree that HERLINGEN’s conduct may be used affirmatively to support a bad-faith position. Based on the pattern described, this does not appear to be an isolated filing strategy, but rather part of a broader course of conduct involving cancellation actions and trademark applications targeting signs identical or confusingly similar to well-known third-party marks. In our view, that pattern is relevant both to challenge the legitimacy of HERLINGEN’s interest and to frame these actions as an abusive use of the trademark system.

Regarding the recent developments in Ecuador, we recommend handling that information with care. Since the investigation remains ongoing and no final determination of liability has been made, we would not suggest relying on those facts as an independent accusation. That said, they may still be referred to in measured and qualified terms as additional background reinforcing concerns as to HERLINGEN’s bad faith and overall legitimacy.

As to CLORETS, we recommend defending the registrations in classes 30 and 5.

With respect to CERTS, please let us know whether the client still has an interest in maintaining that mark. If so, we could also consider defending that matter based on HERLINGEN’s apparent bad-faith pattern. In that regard, if you have obtained any favorable decisions in similar cases involving HERLINGEN, it would be very helpful for us to review them, as they may prove useful across these matters.

Separately, and irrespective of the cancellation strategy, we consider that HERLINGEN’s application No. 2026-000136 for CLORETS should be addressed firmly. Where a party repeatedly seeks to appropriate third-party marks, it is important to build a consistent record and respond accordingly, both to protect the mark at issue and to discourage further filings of the same nature.

We are also reviewing the filing particulars of application No. 2026-000136 for CLORETS and will include it in our watch system. At this stage, the application has not yet been published for opposition purposes.

In addition, it may be advisable to consider filing a further defensive application for CLORETS in Venezuela, whether for the word mark itself and/or for the mark as currently used, including logo elements, in order to further strengthen the client’s position.

In sum, our recommendation would be to rely primarily on HERLINGEN’s filing pattern as evidence of bad faith, while continuing to take the necessary defensive steps to preserve and reinforce the client’s rights in Venezuela.

Best regards,
Guillermo

Guillermo A. López Z.

Attorney at Law

Bolet & Terrero | Caracas, Venezuela
Tel +58 212 750 3000 | [email-masked]<mailto:[email-masked]> | www.byt.com.ve<https://urldefense.com/v3/__http:/www.byt.com.ve__;!!KwM0_Rgk!NfNYiLwTE4gq_LNRdSpiFD0-V_PHHBnVvrgsyk4qg3VvYJD1YMy1TYGiMmCuL8dnMslYejbzZCevP995l3AB$>

From: "Rubio, Noemi" <[email-masked]<mailto:[email-masked]>>
Date: Thursday, March 26, 2026 at 7:31 AM
To: Paula Alfaro <[email-masked]<mailto:[email-masked]>>
Cc: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>, Ruben Calderon <[email-masked]<mailto:[email-masked]>>, Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>, "Blancaflor, Jing R" <[email-masked]<mailto:[email-masked]>>, "[email-masked]'" <[email-masked]<mailto:[email-masked]>>
Subject: RE: 83740659, 83740666, 83740677, 83740692, 83740700, 83740702, 83740708, 83740716 VE - Cancellation Actions against trademarks CERTS, CLORETS, CERTS POWERFUL MINTS and CLORETS POWERFUL MINTS - Deadline: April 16, 2026

Dear Paula,

Further to my email below, I can confirm that Mondelez does not distribute CLORETS in Venezuela.

Yet, I would appreciate your assistance to confirm if CLORETS is available in Venezuela through ecommerce platforms.

I look forward to your comments.

Many thanks,

Kind regards,

Noemí Rubio

Snr Legal Analyst – Global Trademarks

Mondelez International Internal

From: Rubio, Noemi
Sent: 17 March 2026 14:48
To: Paula Alfaro <[email-masked]<mailto:[email-masked]>>
Cc: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>; Ruben Calderon <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>; Blancaflor, Jing R <[email-masked]<mailto:[email-masked]>>; [email-masked]' <[email-masked]<mailto:[email-masked]>>
Subject: 83740659, 83740666, 83740677, 83740692, 83740700, 83740702, 83740708, 83740716 VE - Cancellation Actions against trademarks CERTS, CLORETS, CERTS POWERFUL MINTS and CLORETS POWERFUL MINTS - Deadline: April 16, 2026

Dear Paula,

Thanks for your email informing us of the non-use cancellation actions filed by HERLINGEN CIA LTDA against the trademarks listed below. Also, we note that they have filed trademark applications, CLORETS No. 2026-000136 and CERTS No. 2026-000144, both in class 30.

Unfortunately, this is not the first time that this party has filed cancellation actions against our trademarks or applications for marks identical to ours.  In fact, between 2024 and 2025, HERLINGEN filed a total of 31 non-use cancellation actions and 9 trademark applications for identical marks in our Gum & Candy portfolio across the Andean Community countries.  We are also aware that HERLINGEN has been systematically filing applications for trademarks identical or very similar to well-known distinctive signs of third parties (mainly in the pharma industry) in the Andean Community too.

Last month our agents in Ecuador informed us that on January 30 the facilities of HERLINGEN and other related companies in Quito were raided by their National Police. During the operation, a significant amount of ketamine was seized, along with containers for distribution. Press reports and statements by authorities point to alleged links between HERLINGEN and smuggling, drug trafficking and money laundering activities. Below are links to the press releases on the subject: https://noticias.policia.gob.ec/policia-nacional-desarticula-centro-de-acopio-ilegal-de-ketamina-en-el-norte-de-quito/<https://urldefense.com/v3/__https:/noticias.policia.gob.ec/policia-nacional-desarticula-centro-de-acopio-ilegal-de-ketamina-en-el-norte-de-quito/__;!!KwM0_Rgk!PgBGGtDw9qnl722P86TvBEWGY8xd9ST8vWpVqO3luYafRkugijVGEVorOSSUn7wLJ1ZoETVcvzbUXwSKfKUXxDT5mw$> / https://www.primicias.ec/seguridad/insumos-fentanilo-ecuador-colombia-ketamina-alertas-precursores-quimicos-drogas-115162/<https://urldefense.com/v3/__https:/www.primicias.ec/seguridad/insumos-fentanilo-ecuador-colombia-ketamina-alertas-precursores-quimicos-drogas-115162/__;!!KwM0_Rgk!PgBGGtDw9qnl722P86TvBEWGY8xd9ST8vWpVqO3luYafRkugijVGEVorOSSUn7wLJ1ZoETVcvzbUXwSKfKVZAgKVBg$>.

This is a reserved ongoing investigation, and neither HERLINGEN nor its officials have been proven guilty of any crime. However, this situation does serve as a significant element to reinforce our arguments regarding HERLINGEN’s bad faith and lack of legitimacy in their applications and actions before the TM Offices.

Considering the seriousness and relevance of this information, which could explain the deviant and abusive use of the industrial property system that we have evidenced by HERLINGEN, and while we obtain the confirmation on the use of CLORETS in Venezuela from our business, we would like to check with you whether we could use this abusive pattern and the latest news to question their legitimate interest in these actions.

On the other hand, regarding the use of CERTS and CLORETS, I can confirm that:

  *   CERTS has not been used for more than 10 years in the Andean Community countries and Venezuela.  We will not defend the cancellation actions.
  *   CLORETS is currently used in the Andean Community but as mentioned above, we are awaiting confirmation on the use in Venezuela.  If you could help us to verify the presence of CLORETS gums in Venezuela, that would be much appreciated.
     *   If CLORETS is used in Venezuela, in principle, we will only defend the action against the CLORETS, wordmark, Reg No P247165 in class 30.

Finally with regards to HERLINGEN’s trademark application No. 2026-000136 for CLORETS, please could you advise when it was filed and when is the deadline to oppose it?

I look forward to your comments and advice.

Many thanks,

Kind regards,

Noemí Rubio

Snr Legal Analyst – Global Trademarks

From: Paula Alfaro <[email-masked]<mailto:[email-masked]>>
Sent: 12 March 2026 20:00
To: Rubio, Noemi <[email-masked]<mailto:[email-masked]>>
Cc: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>; Ruben Calderon <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Subject: Venezuela - Cancellation Action against trademarks CERTS, CLORETS, CERTS POWERFUL MINTS and CLORETS POWERFUL MINTS - Deadline: April 16, 2026

Dear Noemi, We hope this message finds you well. In the current Official Bulletin No. 651, we were notified of a Cancellation Action for Non-Use filed against the following trademarks: Mark Class Reg. No. Owner CERTS 30 F140965 INTERCONTINENTAL

Dear Noemi,

We hope this message finds you well.

In the current Official Bulletin No. 651, we were notified of a Cancellation Action for Non-Use filed against the following trademarks:

Mark

Class

Reg. No.

Owner

CERTS

30

F140965

INTERCONTINENTAL GREAT BRANDS LLC

CERTS

30

F070177

INTERCONTINENTAL GREAT BRANDS LLC

CLORETS

30

F026326

INTERCONTINENTAL GREAT BRANDS LLC

CLORETS

5

F026329

INTERCONTINENTAL GREAT BRANDS LLC

CLORETS

30

P247165

INTERCONTINENTAL GREAT BRANDS LLC

CERTS POWERFUL MINTS

30

P247252

INTERCONTINENTAL GREAT BRANDS LLC

CLORETS POWERFUL MINTS

30

P247253

INTERCONTINENTAL GREAT BRANDS LLC

We are requesting the case files from the Trademark Office to review the cancellation briefs. As soon as we have them, we will send you a copy through this channel.

In any case, upon reviewing the matter, we have verified the following information:

•                    The cancellations were filed by HERLINGEN CIA. LTDA, which is the applicant for the trademark applications, CLORETS No. 2026-000136 and CERTS No. 2026-000144, both in class 30 int.

•                    We can assume that this applicant's interest in requesting cancellation is due to the fact that the CERTS and CLORETS trademarks constitute an obstacle to their applications and would eventually be denied ex officio.

Cancellation actions are governed by a new procedure that grants the owner a period of ten (10) days to register the brief, and after this period, fifteen (15) days to submit arguments and evidence of use. Consequently, the deadline to file the response expires on April 16, 2026.

Given the short response time under this new procedure, we would appreciate your comments on the following points:

•                    Interest in the trademark: Do you wish to maintain the CERTS, CLORETS, CERTS POWERFUL MINTS and CLORETS POWERFUL MINTS trademarks?

•                    Use of the trademark: Have these trademarks been used recently in Venezuela? if there any evidence of use?

•                    Additionally, does Intercontinental Great Brands LLC have any commercial relationship with the applicant, HERLINGEN CIA LTDA—such as distribution agreements or any other type of connection—that could explain an interest in filing applications for trademarks that were registered many years ago?

This information will help us define the best strategy, assess the chances of success, and estimate possible costs.

If there is no evidence of use, the chances of obtaining a favorable decision are, in principle, low. In any case, we remain attentive to your comments to continue evaluating the matter.

Best regards,

Paula