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Colombian State Council Upholds Trademark Denial
By Vera Abogados
In a single-instance ruling, the Colombian State Council affirmed the Superintendence of Industry and Commerce's (SIC) decision to deny registration of the mixed trademark "Estrella de Oro" for products in Class 30 of the Nice Classification. This decision stemmed from a lawsuit filed by José Iván Urrea Aristizábal against the SIC.
The Council's ruling concluded that the proposed mark "Estrella de Oro" exhibits orthographic, phonetic, and conceptual similarities with the previously registered and well-known trademark "Haz de Oros," owned by Harinera del Valle S.A. The court specifically noted that the phrase "De Oro" (Of Gold) constitutes a key distinctive element and that its presence in both marks creates a likelihood of consumer confusion in the marketplace.
The initial denial by the SIC was based on the similarity between the marks and the competitive relationship between the respective goods. While Urrea Aristizábal contended that the marks were sufficiently distinct, arguing that "Estrella" (Star) and "Haz" (Sheaf) have different meanings and that "Oro" (Gold) is a common descriptor in the relevant industry, the State Council found that the similarities were sufficient to create a risk of confusion. The court emphasized that both trademarks target the same market, reach the same consumer base, and utilize the same distribution channels, further increasing the likelihood of confusion.
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.