What Colombian has not talk with his family or work colleagues about playa baja (low-beach), playa media (mid-beach) or playa alta (high -beach) or has not supported his region in the permanently hard and attractive sport competitions of EL DESAFÍO? What Colombian has not suffered by seeing one of his favorite participants with nothing to eat on an island or remote place of the world? What Colombian has not considered unfair the expelling of one of the participants of this program? Or maybe the question is what Colombian does not know or has not heard of the famous reality competition tv show EL DESAFÍO of our client CARACOL TELEVISION S.A.?
Because of the feelings it produces and due to its popularity within the Colombian culture and idiosyncrasy, the reality competition EL DESAFÍO is known by almost all of us. This fact was confirmed by the Colombian Trademark Office who, within the opposition process against the trademark application DESAFÍO CANCERBERO + GRAPHIC, recognized that the well-known character of the trademark EL DESAFÍO in International Class 41 on behalf of CARACOL TELEVISIÓN is such that if the registration of the DESAFÍO CANCERBERO + GRAPHIC is allowed, the consumers would be misled over the business origin of the services and therefore denied the registration of such sign.
Thus, in this final judgment CARACOL TELEVISIÓN survived once again the attempt of third parties to register a similar trademark to its well-known reality, conquering the territorial challenge on its recognized sign EL DESAFIO and with this the applicants JAIME ALEJANDRO BARRIENTOS POSADA, DAVID OSPINA RAMIREZ, ANDRÉS DAVID SALDARRIAGA CARDONA and BREINER CLEMENTE CASTILLO CAICEDO of the trademark DESAFÍO CANCERBERO + GRAPHIC were sent to “playa baja” (low-beach) for trying to register a sign similar to a well-known one.
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