SMOKING possesses the requisite distinctiveness and is eligible for protection
By VERA ABOGADOS
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.