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COLOMBIA

TRADEMARK OFFICE PROTECTS NOTORIOUS TRADEMARK LA CASITA ROJA FROM THE REGISTRATION OF A PRACTICALLY IDENTICAL TRADEMARK COVERING UNRELATED SERVICES

The Trademark Office has recently denied registration of a practically identical sign to a notorious trademark covering unrelated services, despite previously arguing that there is no risk of confusion or association with a notorious sign, if there is lack of competitive relation between the goods or services covered.

 

 Said entity decided to deny registration for trademark LA CASITA ROJA & Design covering restaurant services in class 43, in the name of Fanny Yolima Rueda, by means of Resolution 1948 on the grounds of notorious trademark for financial services LA CASITA ROJA of Banco Davivienda S.A.

In this case, it was argue that the identical composition of both trademarks could make consumers believe that their services had the same business origin and that the notorious trademark should have a broader protection against the misappropriation of its prestige despite covering different services.