The garden of Trademarks


In the Colombian context, the denial of trademark registration largely finds its basis in the potential for confusion with previously registered marks, constituting one of the most recurrent reasons. The Superintendence of Industry and Commerce has repeatedly emphasized that even the slightest probability of a trademark registration causing confusion among the consuming public is sufficient grounds for rejecting such an application. This specific case provides a clear illustration of this principle, demonstrating how both the first and second-instance examiners rejected the registration of the PLANTÚA SABIDURÍA Y BIENESTAR (MIXTA) mark requested by SINDICATO EMPRESARIAL COLOMBIANO SAS in response to the Andean opposition presented by our client, DR. KURT WOLFF GMBH & CO. KG.

The opposition was based on the similarity with our client’s previously registered PLANTUR (NOMINATIVA) mark. The examiners shared the concern that the similar composition of the signs could pose a significant risk of confusion for the consuming public. This case illustrates how the Superintendence of Industry and Commerce, through its evaluating bodies, considers the possibility of confusion as a strong argument for denying the registration of the requested mark.

The close relationship between the products identified by both marks and the similar composition of the signs played a decisive role in both the first and second-instance examiners agreeing that even the slightest risk of confusion would justify denying the registration of the mark. This criterion favored the protection of the well-known name of our client, DR. KURT WOLFF GMBH & CO. KG, in the market, highlighting the importance placed on safeguarding the integrity of previously established marks.

In conclusion, this case underscores that, in matters related to confusion and trademark registration, the requested mark fell just short of approval. The decision to deny registration highlights the rigor and commitment of the authorities to maintain clarity and distinction in the market, as well as the effective protection of marks with an established presence. Discover the exceptional range of specialized legal services offered by Triana, Uribe, and Michelsen, a legal firm committed to excellence and backed by decades of experience. We take pride in standing out in key areas such as intellectual property, litigation, corporate law, contracts, and sanitary registrations, providing comprehensive solutions to protect your interests and ensure the success of your projects. In the field of intellectual property, our expert team provides strategic advice for the protection of trademarks and patents, as well as copyright management. In litigation, we face legal challenges with determination, representing your interests in commercial, labor, or civil disputes. In corporate law, we offer comprehensive advice from company creation to restructuring, ensuring regulatory compliance and strategic decision-making. Precise drafting and expert interpretation are crucial in our contract services, where we assist in crafting clear and equitable agreements to protect your rights and commercial interests. Additionally, in the complex field of sanitary registrations, we facilitate obtaining them, ensuring your products comply with all regulations. With a personalized approach, proven results, and an unwavering commitment to professional excellence, at Triana, Uribe, and Michelsen, we not only offer legal services but solutions that propel your success. Trust us to take your company to the next level. Contact us today and discover how we can serve you better!

If you seek protection for your trademarks and intangible property, contact us at our email: [email protected]

The garden of Trademarks