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COLOMBIA

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COLOMBIA

COLOMBIAN STATE COUNCIL’S TAKE REGARDING THE DESCRIPTIVENESS OF SIGNS IN OTHER LANGUAGES.

Last March, 2017, the Colombian State Council ruled on the descriptiveness of the sign FLEXSTEEL (word) to identify products in class 17.

 

In this ruling, the mentioned entity restates that the term FLEXSTEEL is formed by the combination of two English expressions whose meaning are not common knowledge or generalized by the average Colombian consumer. Thus, they considered that the sign is made up (fanciful) and therefore up for registration. The Council of State considered that it is not pertinent to carry out the analysis of registrability of the trademark by separating the two expressions since the Court of Justice of the Andean Community has confirmed the registrability of the union of two or more generic terms into a single expression.

Finally, it concluded that considering FLEXSTEEL is not descriptive sign for goods in class 17, it cannot be regarded as misleading sign or as one that it will induce the public into error.