In Colombia, one of the grounds to reject a trademark application operates when the requested trademark affects the rights of a third party, particularly when said third party is a well-known natural person. Hence, registering the names of famous identities as trademarks is usually denied by the Trademark Office on the mentioned basis.
Under the legal precept mentioned above, in a compelling success story, Triana, Uribe & Michelsen assisted the client MUHAMMAD ALI ENTERPRISES LLC, a prominent company specializing in the promotion of boxing and Muhammad Ali entertainment and merchandise, to adeptly fight through the intricate trademark process in Colombia to obtain the registration of the trademark MUHAMMAD ALI.
Initially denied due to its resemblance to the name of the renowned sportsman MUHAMMAD ALI and a lack of evidence to demonstrate the current heirs and title holders of the boxer´s rights, the client faced defeat in the first round of the fight to obtain its trademark registration.
With the setback of the trademark denial in the first round behind them, Triana, Uribe & Michelsen´s IP department and the client adjusted their fighting strategy with a steadfast determination which involved a rigorous evidence-gathering endeavor to substantiate the lawful transfer of tangible and intangible rights in favor of the client, as well as a strategic and sharp use of arguments to establish the legitimate ownership and use of MUHAMMAD ALI´s IP rights by the client.
As a result, the client´s efforts gained them victory over its trademark registration since the appellate body acknowledged robust evidence that demonstrated the lawful transfer of rights and their rightful use by the client.
If you are fighting to obtain the registration of your trademark, contact us through the email [email protected] to help you achieve victory.
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