Trademark application “Tres Coronas” was rejected
Due to the fact that the trademark “Corona” well-known in the beer industry, and the similarity between opponent signs; the Colombian PTO (SIC), decided to reject the trademark application of “Tres Coronas” filed by “Sociedad Industrias Aleas C.A” in int. class 29.
The owner of trademark “Corona”; which is Sociedad Compañía Nacional de Chocolates S.A.S., considers that according to the article 224 of local law, their sign should be considered as well reputed; which means that is known not only in their sector but to the public in general. They also considered that the term “Tres” (in English means “Three”) from “Tres Coronas” is not enough to distinguish both trademarks.
However, “Sociedad Industrias Aleas” owner of trademark application “Tres Coronas” doesn´t agree with the decision of the Colombian PTO. One of the reasons (they argument) is because the opponent trademarks are not similar enough in order to mislead the consumers, despite having some elements in common.
The lawyer of Sociedad Industrias Ales highlights that the Andean Tribunal Court of Justice has established that “the presence of a word with a distinctive content although the others are equal to a sign with the previous register, will not prevent the trademark access of second, especially if the first one contains in its composition and term of common use that are not of exclusive use”.