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The fundamental purpose of a trademark lies in its ability to distinguish itself from the products or services it represents, as well as from other producers or providers offering similar goods or services in the market. In this context, in Colombia, a trademark faces restrictions on registration when it lacks sufficient distinctive capacity regarding the products or services it identifies. On this occasion, our client, ALPINA PRODUCTOS ALIMENTICIOS S.A. BIC., noticed the registration application for the GREECE (MIXTA) trademark to identify dairy products, particularly Greek yogurt. In response, we filed an opposition, arguing that it is a descriptive mark and, simultaneously, lacks distinctiveness.

According to evaluations from our Intellectual Property department, the Superintendence of Industry and Commerce denied the registration of the GREECE (MIXTA) trademark. This decision was based on the finding that the sign in question directly describes the nature of the dairy products it seeks to identify. Additionally, the mark lacks additional elements that would allow identifying its business origin, making it distinguishable from other producers offering the same type of product in the market.

As a result, a potential scenario of imminent confusion for consumers of Greek yogurt in the market was successfully avoided. The refusal to register the GREECE (MIXTA) trademark highlights the importance of preserving distinctiveness and clarity in product identification in the commercial sphere, thereby ensuring a transparent market environment and protecting the interests of consumers. This case demonstrates the commitment of our client and our legal team to safeguarding the integrity and uniqueness of trademarks in the Colombian market.

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]

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