In a recent decision that’s sparking conversation, the Superintendence of Industry and Commerce (SIC) overturned its initial decision and denied the registration of the trademark LO TÍPICO DEL CAIMÁN , filed by El Caimán Gastronomía Típica S.A.S.. The reason? Its logo bears a striking resemblance to the iconic crocodile of LACOSTE, a brand that—thanks to evidence submitted—was declared well-known between January 2021 and December 2023.
The SIC concluded that the proposed mark not only reproduces the graphic component of LACOSTE’s figurative mark almost entirely but also poses a risk of consumer confusion. The use of green as the background color, the reptile image, and the word “caimán” all reinforce the association with the famous crocodile, potentially leading to unfair advantage from the reputation of the original brand.
Although the mark included additional elements such as the phrase “Lo típico del caimán,” the authority found these insufficient to avoid improper association. Moreover, it highlighted a growing trend: fashion brands entering the food and beverage industry. So, even if the goods don’t fall under the same Nice’s class, a more rigorous analysis is warranted when dealing with well-known marks.
This case reminds us that in intellectual property, brand notoriety transcends class boundaries and can extend into new markets. And when it comes to distinctive signs, graphic details can be the deciding factor between a valid trademark and one that falls short.
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