FITNESS is declared as well-known trademark
Through resolution No. 82613, the Colombian PTO (SIC) has declared the trademark FITNESS by SOCIETÉ DES PRODUITS NESTLÉ S.A. as a well-known trademark to designate cereals.
After an application for the trademark GOLDEN FOODS GOLDEN FIT, which comprises both graphic and nominative elements (mixed trademark) to designate cereals was filed by the Mexican company CEREALES Y PASTAS, S.A. DE C.V., the SOCIETÉ DES PRODUITS NESTLÉ S.A. filed an opposition against the granting of the claimed mixed trademark based on the similarity of the image used (female silhouette).
The SOCIETÉ DES PRODUITS NESTLÉ S.A filed evidence in order to demonstrate the investment on advertising and sales of the products identified with the trademark FITNESS, as well as a market research showing that consumers recognize and associate the female silhouette with their trademark.
The SIC, after analyzing both signs, stated that the similarity in the use of the female silhouette with a similar color pattern could lead to confusion. Therefore, the trademark application GOLDEN FOODS GOLDEN FIT was rejected due to the fact that FITNESS is a well-known mark in the local market.