COCA COLA´s renowned trademark acknowledged by Colombian PTO
The Colombian PTO (SIC) recently rejected the trademark application CUKOLA filed by PET DEL CARIBE S.A. under Class 32 of the Nice Classification (aerated waters, water, mineral water,juices and preparations for making beverages, and other non-alcoholic beverages), due to its similarity with the COCA COLA trademarks by THE COCA COLA COMPANY.
After an application for the mixed trademark CUKOLA was filed, THE COCA COLA COMPANY(TCCC) filed an opposition against the granting of the claimed trademark, alleging that the trademark application could not be registered because of its visual similarity with their previously registered trademarks for the protection of products under Class 32 of the Nice Classification. Specifically, the opponent stated that the trademark application CUKOLA used the letter font “Spencerian script”, which had been used in the TCCC trademarks since its creation in the 19th century.
The SIC, after considering the opposition filed by the TCCC and the corresponding response by PET DEL CARIBE S.A., rejected the trademark application CUKOLA stating that it could be easily confused with the TCCC trademarks, due to their visual and phonetical similarity.
With this decision, which is currently pending an appeal filed by PET DEL CARIBE S.A., the SIC has protected the distinctiveness of the COCA COLA trademark.