Colombian Football Federation defends its trademark before the Copa America
Shortly before the start of the 2015 Copa America football tournament, the Colombian PTO (SIC) rejected the trademark application “Mibalón de fútbol” (My football) filed by María Lucero Marín Ramírez under Class 25 of the Nice Classification (clothing, footwear and headgear), due to its similarity with a trademark owned by the Colombian Football Federation (FCF).
After an application for the trademark “Mibalón de fútbol”, which comprises both graphic and nominative elements (mixed trademark), the FCF filed an opposition against the granting of the claimed trademark, alleging that the trademark application could not be registered according to Art 136 of the CAN Decision 486 (the Andean Common Intellectual Property Regime).This article establishes that trademarks that are identical or similar to one previously registered, cannot be registered.The FCF owns the mixed trademark “Federación Colombiana de Fútbol” (Colombian Football Federation) in Class 25 of the Nice Classification.
Finally, after Marín Ramírez did not respond to the opposition filed by FCF, the SIC rejected the trademark application stating that it reproduced the same graphic element (a football) of the trademark previously registered by the FCF. The SIC added that, since the additional elements of the applied trademark are not prevailing,this would cause consumers to be confused and associate both trademarks as belonging to the same company.