Although words such as “HOTEL”, “HACIENDA” or “HOUSE” are non-protectable to identify hotel and lodging services through trademark law as they are considered words of common use or descriptive for the identified services of international class 43, they may be used and registered as part of a set of words and expressions that give the brand distinctiveness. Therefore, when considering the registration of a trademark, it is very important to know if it is distinctive enough to be considered and registered as a trademark or if, on the contrary, it consists exclusively of expressions and words of common use.
In this case our team protected the brand CASA SAN ISIDRO of the client ADMINISTRADORA MONSERRATE S.A.S., in response to the application for registration of the trademark HOTEL HACIENDA SAN ISIDRO after arguing that the expressions “HOTEL”, “HACIENDA” and “CASA” are non-protectable insofar as they are commonly used words to identify the hotel and lodging services claimed by the trademarks, according to which the examiner proceeded to focus the examination of the trademarks based on the dominant and most striking expression SAN ISIDRO, at which point he concluded the identity between the brands and the imminent risk of confusion, thus denying the registration of the trademark HOTEL HACIENDA SAN ISIDRO. p100
If you intend to register a trademark and want to know if it is distinctive enough to obtain its registration and protection, do not hesitate to contact us at tum@tumnet.com to evaluate the trademark situation of your company and your needs.