Margarita, stay still

Margarita Saieh

Within the Nullity Action filed by PEPSICO ALIMENTOS COLOMBIA LTDA., before the Council of State, based upon its trademark MARGARITA and against the trademark MARGARITA SAIEH DE JASSIR owned by our client PASTELERÍA JASSIR S.A.S., both to cover goods of International class 30, the withdrawal filed by the plaintiff was accepted. In fact, any person has the right to identify goods in the market with their own names, which has been the reiterated position held by the Trademark Office in the different stages of the registration procedure.

Hence, despite the coincidence on the word Margarita, PEPSICO accepted the pacific coexistence of the trademarks, as they have done since their registration.

Therefore, our client’s rights (PASTELERÍA JASSIR S.A.S.) and the delicious desserts identified with the trademark MARGARITA SAIEH DE JASSIR, will go on making Colombian’s life a bit‘e’ happier.