Fanciful Trademarks in Colombia
By VERA ABOGADOS
Signs comprised of one or more words in a foreign language, not widely recognized as common knowledge, may be categorized as fanciful trademarks. Consequently, the registration of such signs is allowed.
The ruling comes after the registration of the trademark "NUTRIDREAMS" was approved by the Superintendency of Industry and Commerce of Colombia (SIC). This registration was sought for the purpose of distinguishing products of Class 30 of the Nice International Classification. The decision was reached after the SIC established that there were no significant orthographic or phonetic similarities between "NUTRIDREAMS" and a pre-existing commercial trademark of a third party, the slogan "NUTRE TUS SUEÑOS."
The SIC stated that "nutre" and "nutri" are commonly used and, consequently, deemed weak for the protection of products. And while the word "DREAMS" translates to "SUEÑOS" in Spanish, its meaning is not universally known or commonly used in Colombia. Therefore, it was considered a fanciful trademark and eligible for registration.