The registry of two color trademarks to identify products has recently been granted by the Colombian PTO (SIC). A color per se trademark is a non-conventional trademark where at least one color is used to perform the trademark function of uniquely identifying and distinguishing the commercial origin of products or services.
On January 19, 2015, SIC granted the registry for trademark pink Pantone 183C (Pantone is the dominant spot-color printing system) in favor of the local firm POSTOBON to identify apple-flavored sodas. Consequently, from now on, it will not possible in Colombia to use the color pink Pantone 183C (or another similar one that can be easily confused with) to identify sodas.
During the registration process, another local company lodged an opposition, arguing that the requested color lacks the required distinctiveness and that it is fundamental and necessary for all apple-flavored beverages in the market.
However, SIC concluded that the requested color complies with the requirements for a trademark, that is, distinctiveness that allows consumers to distinguish the commercial origin of a product. Market research carried out during the registration process, showed that 77 percent of surveyed consumers associated the requested color delimited by the shape of a glass and a bottle with the soda APPLE POSTOBON. Additionally, SIC argued that the requested color is neither descriptive nor generic, since the color pink is not distinctive of apples.
More recently, on February 4, 2015, SIC granted the registry for trademark green Pantone 183C in favor of the firm SOCIÉTÉ DES PRODUITS NESTLÉ S.A.to identify chocolate-based preparations.
The Colombian PTO has already granted the registration of 19 color trademarks to identify products classified as isolating materials, chemical products for industry, dietary supplements, dairy products, apple-flavored sodas and chocolate-based preparations.
