Trademark Caselaw | Colombia | PTO Refuses Trademark VOX
Earlier last month, the Colombian commerce and industry authority, SIC, refused an international trademark application for VOX (Logo), filed by Spanish right-wing political party Partido Politico VOX, to identify services in classes 35 and 45, within the Madrid System.
SIC based its refusal, issued on January 18, on pre-existing registrations for trademark VOX in classes 9 and 16, held by Spanish publishing company Larousse Editorial, S.L. The examiner found that, besides the subject marks, VOX (Logo) and VOX, being confusingly similar, there was a competitive connection between the goods identified in the pre-existing registered mark and the long list of services included in the application:
Regarding class 35, the examined noted that the “publication of advertising texts” included in the application’s list of goods are a subspecies to the “publications”, included in the pre-existing registration, in class 16, considering that “both the proposed services and the protected goods aim to disseminate or make information known through any printed or digital means”.
When examining the list of services in class 45, the examiner found them to be narrowly connected with the pre-existing mark in class 9, noting that they included “online services on social networks accessible via downloadable mobile applications” and that such services need computer programs, applications and computers.
The international application also included other jurisdicctions, namely Brazil, Canada and Mexico, as well as the United States, where it was subject to a similar refusal.
The applicant is, still, within the prescribed period for appealing the PTO’s decision and overcoming the refusal of its application, which seems as a possible scenario, considering it could be achieved by deleting the services mentioned in the refusal decision and further amending the lists of services in order to make sure no connection can be established between them and the goods covered by the pre-existing registrations.
Click here to request a copy of SIC’s decision or in case you wish any additional information.
