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COLOMBIA

DENIAL OF TRADEMARK REGISTRATION ON THE GROUNDS OF A PROTECTED APPELLATION OF ORIGIN

 The Colombian Trademark Office recently issued Resolution No. 87059, reminding that trademark registration must be denied when an appellation of origin is reproduced, imitated or contained in an applied trademark covering the same or different goods, provided that risk of confusion or association may be created or it might constitute misappropriation of its notoriety

  

Consequently registration for trademark ACHIRAS ALTAMIREÑAS was denied on the grounds of appellation of origin BIZCOCHO DE ACHIRA DEL HUILA, arguing that both signs contained the word “achira” (a Colombian typical baked good from the Huila region) and those consumers could be misled since the owner of the applied trademark was from Bogota and not from Huila.