SMOKING possesses the requisite distinctiveness and is eligible for protection


SMOKING possesses the requisite distinctiveness and is eligible for protection

Colombia's Superintendence of Industry and Commerce (SIC) has reversed its previous stance and upheld the trademark registration for SMOKING, ruling that the term possesses the requisite distinctiveness and is eligible for protection.

This decision follows a lawsuit initiated by MIQUEL Y COSTAS & MIQUEL S.A., which sought to nullify two resolutions that had denied the registration of the SMOKING trademark. The SIC had initially rejected the registration, citing a lack of distinctiveness. However, upon further review, the SIC determined that the SMOKING trademark does indeed possess distinctive characteristics, enabling it to effectively differentiate the services it represents from those offered by others in the market.

In light of this conclusion, the SIC upheld the claims set forth in MIQUEL Y COSTAS & MIQUEL S.A.'s complaint and nullified the original resolutions that had denied the registration of SMOKING as a trademark. 

Vera Abogados

VERA ABOGADOS ASOCIADOS S.A.-, is a Colombian law firm with specialized lawyers, Founded more than 40 years ago, by Jorge E. Vera Vargas, Doctor in Law and Political Sciences of the La Gran Colombia University in Bogota D.C., Colombia. At present, with principal offices in the city of Bogota D.C., and offices in the cities of Cali, Medellin, Barranquilla, at national level, and at an international level in Ecuador and Panama.

The Firm is today a reference in the Andean Community, and it makes part of important international affiliations such as PRAGMA, EEIG. International Network of Law Firm, The International Trademark Association (INTA), Asociación Interamericana de Propiedad Industrial (ASIPI), Associação Brasileira da Propriedade Intelectual (ABPI), and the Chamber of Industrial Property Agents of the Republic of Argentina(CAPIRA).

VERA ABOGADOS ASOCIADOS S.A. offers professional services to prestigious Colombian and foreign companies in the following juridical areas: Industrial property, Trademarks, Patents, Copyrights, New Technologies, Disloyal Competition, Commercial Practices, Sanitary Rights, Community Right, Administrative law, Tax Law, Corporate Right and Foreign Investment and Business Rights.

The Firm offers of equal way a service of integral consultancy in Foreign Commerce, Business administration, Finance and Accountancy. The team is made up of specialized lawyers in each of the workspaces and expert multilingual professionals (Spanish, English and French) that respond with efficiency and competitiveness to the needs and demands of our customers around the world.

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