The well-known character versus trademark registrations
In the curse of a cancelation action for well-known character, the Colombian Trademark Office by means of Resolution No. 57346 of 2018, protected the well-known character of the trademark ARB own by the company ARB CORPORATION LTD., and therefore cancelled the registration of the trademark ARB that was registered by COMPAÑÍA COLOMBIANA DE AUTOMATIZACIÓN S.A.S.
The company ARB CORPORATION LTD., was not able to obtain its registration in Colombia because the company COMPAÑÍA COLOMBIANA DE AUTOMATIZACIÓN S.A.S., had already registered the trademark ARB with the same design as the notorious trademark, to cover products in the same international class 12.
Triana, Uribe & Michelsen constructed a judicial strategy to successfully eliminate the obstacle that the company ARB CORPORATION LTD had, to access the Colombian market, considering the broad recognition the trademark ARB had accumulated through the years, long before any trademark application of the company COMPAÑÍA COLOMBIANA DE AUTOMATIZACIÓN S.A.S.