Ingresar
The Case of FERTIS
By Vera Abogados
FERTIS refers to a brand associated with agricultural products, specifically fertilizers and other agrochemical solutions. The brand is recognized for its focus on improving crop yields and enhancing soil health. It often emphasizes innovation in agricultural practices and sustainable farming.
The trademark FERTIS is recognized for its clear distinctiveness and evocative nature, meaning there is no risk of confusion for consumers with the products of the opposing party. Consequently, the request to annul the administrative decision that granted the registration of FERTIS for Class 5 products under the Nice Classification has been denied. The ruling confirms that the mark FERTIS is sufficiently distinctive.
Additionally, FERTIS is considered an evocative term, indirectly suggesting the qualities or characteristics of the product it represents. The panel concluded that FERTIS is indeed registrable as a trademark, possessing the necessary distinctiveness. This distinctiveness is apparent both intrinsically—by effectively distinguishing the products from competitors—and extrinsically—by differentiating it from other marks in the marketplace.
Furthermore, since the components "FERTI" and "S" are combined in the contested mark, the resulting idea is not straightforward or unambiguous. Instead, it engages the reader’s imagination, requiring consumers to connect the trademark with the product through a deductive process.
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.