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After analyzing the case, the State Council denied a lawsuit filed by Santa Fe Corporación Deportiva in order to identify its sports training schools and other recreational services through the Santa Fe brand.
The lawsuit had been filed by the soccer team against a decision with which the Superintendency of Industry and Commerce denied the registration of the trademark.
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The legal mess began when the SIC decided not to grant the registration of the Santa Fe brand to the Sports Corporation of the same name, for the opposition presented by La Bastilla SA, a contractor company of the Santafé shopping center.
The latter company had already obtained the registration of the trademark to identify education, training, leisure, sports and cultural activities, which led the Super to not grant the registration requested by the sports institution. This decision motivated the soccer team to file a claim for nullity and restoration of the right, seeking to obtain certification for the use of the brand.
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For the soccer team, although there was similarity between the entities, there was no risk of confusion between the Santa Fe brand, as a sign of identity of the sports, cultural and leisure training and training services that the team develops, and the center commercial.
“The use of the Santa Fe sign by Santa Fe Corporación Deportiva began almost half a century before the birth of the Santafé shopping center, and therefore, given the recognition and positioning of the Santa Fe sign in the minds of Colombians , there is not the slightest possibility of confusion ”, expressed the Bogota team.
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The use of the Santa Fe sign by Santa Fe Corporación Deportiva began almost half a century before the birth of the Santafé shopping center.
However, the Council of State denied the claims of the nullity claim, considering that there is a risk of confusing the trademarks, from the conceptual or ideological point of view, since there is between them orthographic and phonetic identity, in addition to the fact that both coincide in the provision of education services, sports activities, training and entertainment and share marketing and dissemination channels, which becomes a risk of confusion for the consumer.
The high court also indicated that the sports team did not present evidence to demonstrate the peaceful coexistence of the two signs.
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