Colombia: Andean Community Supreme Court rules in favor of the Colombian Trademark Office, regarding color trademark registration

Suit was filed in 2015 at the Andean Supreme Court against the Colombian Trademark Office for allegedly granting the right of registration of a color trademark (Pink Pantone 183C). The plaintiff argued: i) lack of distinctiveness, ii) common use of the color pink in the soft drink market, and lastly, iii) allegedly at the expense of the Plaintiff’s normal market operations.

The Andean Supreme Court decided in favor of the Colombian Trademark Office towards the end of April this year, thus confirming the successful registration of the color trademark.

It should be noted that this is the first time a company has filed suit against a country before the Court of Justice of the Andean Community for the alleged breach of Andean Community laws applicable to trademark registration.