Colombia Trademark Caselaw | Multiple descriptive elements do not make a distinctive mark
SIC, the Colombian patent and trademarks authority, recently confirmed its refusal of a trademark consisting of the combination of multiple descriptive terms and graphic elements for not being inherently distinctive.
SIC dismissed the applicant’s argument that the main element of the proposed mark was SEED-TO-SALE, and that it was a fanciful expression; and refused the registration of SEED TO SALE CERTIFIED QUALITY. SAFETY. PURITY PROPRIETARY 509 STEP PROCESS (Logo), in connection with cannabis associated goods and services in multiple classes, finding that the word elements thereof were merely informative of the goods and services’ characteristics. Also, and although such words were combined with graphic elements, since they basically consisted of specific fonts and the image of a plant’s stem and two leaves, SIC found them to further reinforce the idea evoked by the word elements, associated with the sales of seeds with certain characteristics and quality.
Click here to request a copy of SIC’s decision.
