This case reiterates the notoriety and distinctiveness of the CASA TORO trademark in the Colombian market.
On this occasion, the company MSTY S.A requested the registration of the trademark CASATODO (MIXED). In response, our client CASATORO S.A. filed opposition against the requested trademark considering that their own trademark, CASA TORO, is notorious in the Colombian market, in addition to the fact that the confronted signs are similar and pose a risk of confusion.
According to the evidence and arguments presented by our client, the Trademarks Director acknowledged that, given the levels of investment in advertising and continuity in publicizing the brand and, due to the proportion of sales and incomes reported by the company, it is evident that CASATORO S.A.´s brand and trademarks are notorious and well known to consumers.
In consequence, the Trademarks Director concluded that, since notoriety is a protectable distinguishing factor and, since there are phonetic and orthographic similarities between the compared trademarks in addition to the fact that they share a competitive connection due to the services provided, the coexistence of the trademarks CASATODO (MIXT) and CASA TORO in the market pose a significant risk of confusion among consumers.
For these reasons, the registry of the requested trademark CASATODO (MIXT) was denied, thus protecting our client´s brand and image.
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