The Council of State kept valid the trademark brand TAXI DRIVER granted by the SIC
The Council of State decided to reject the claims within a nullity claim that was established by the company PELÁEZ HERMANOS S.A. against the Superintendence of Industry and Commerce, for having granted the registration of the TAXI DRIVER brand, please favor the company COÉXITO S.A, represented in turn by VERA ABOGADOS.
In the lawsuit, PELÁEZ HERMANOS S.A. He stated that the sign granted in was made up of two generic expressions: TAXI, universal expression, of general domain, assimilated to the public service vehicle that provides transportation services to individuals, and DRIVER, noun of English origin that indicates the driver of a vehicle.
In this regard, the High Court considered that TAXI DRIVER meets the requirements of Andean regulations to be registered as a trademark, that is, be perceptible, capable of graphic representation, and enjoy sufficient distinctiveness. In addition, that in relation to it, the alleged grounds for non-registrability are not configured, that is, to be a generic and descriptive sign.