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COLOMBIA

TRADEMARK OFFICE FAILS TO GRANT EXCLUSIVE RIGHTS OVER THE EXPRESSION CUARTO DE LIBRA (QUARTER PUNDER) CONSIDERING THAT IT DESCRIPTIVE

The Trademark Office granted registration for trademark CUARTO D’ LIBRA & Design in class 43 in the name of Luis Eduardo Bayona Donado after declaring ill-founded an opposition filed by McDonald’s Corporation.

  

Even though McDonald’s owns registrations for trademarks CUARTO DE LIBRA in Peru and Ecuador, and argued that its trademark was notorious, the authority stated that CUARTO DE LIBRA is a descriptive term which cannot be appropriated exclusively, since it makes reference to a product’s measure or quantity.

Consequently, no exclusive rights were grant to Luis Eduardo Bayona Donado over the term CUARTO D’ LIBRA.