Lack of knowledge or simply seeking competitive advantages can cause merchants to make basic mistakes when seeking trademark protection. And this is how the present case arises: the applicant chose to attempt to register a trademark despite knowing it did not belong to him, most likely because he did not find it registered in Colombia after a search. It is a common mistake for applicants, when unable to find third-party’s trademarks registered in Colombia, to think they can appropriate them. In Colombia, various international treaties apply that allow the protection of trademarks even if they are not registered in the country. Such protection becomes even more necessary and evident when the same products are involved. The applicant sought to register SPIRITUAL SKY to distinguish perfumes and oils, when these products already existed, which was a questionable coincidence. So much so, that for this reason, it was considered that the applicant had prior knowledge of the trademark’s existence, when applying for the same.
Whether it was indeed a coincidence or an attempt to gain an improper competitive advantage, the Trademark Office opted to protect the true owner of the brand.