Not Descriptive
By Edy Guadalupe Portal
Embotelladora de Aguas Gaseosas Huancayo S. R. L., a Peruvian Company, sought to register the mark BIG COLA LA EVOLUCION DEL SABOR, for goods in Class 32. The Coca-Cola Company filed an opposition claiming that the mark was descriptive of the covered goods. The Intellectual Property Department denied Coca-Cola´s opposition , holding that the mark applied was not descriptive. On appeal, the National Bureau of Registries upheld the Department´s decision and allowed the mark to proceed to registration.