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.
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