Trademark Office no longer cool toward COOL WATER

The Colombian Trademark Office has reversed its earlier decision not to allow the registration of 'cool water' as a trademark with respect to, among other products, perfume, cologne and aftershave because of the words' descriptive nature. Upon reconsideration, it concluded that consumers would not associate the mark with the products' characteristics.

Swiss company Zino Davidoff SA applied to register 'cool water' as a trademark to be used in connection with these toiletries for men and women. International Cosmetics & Franchises Ltd, a Bahamian company, opposed the registration. It argued that the words 'cool water' were descriptive in nature and of common use, since they are simply characteristics of the products.

The Trademark Office agreed that the sign was descriptive and therefore rejected Zino's application. Zino petitioned the Trademark Office to review its decision.

At the review proceedings, the Trademark Office reversed the original decision (Resolution 35342), and therefore allowed the registration. It concluded that consumers would not associate the COOL WATER mark with the products' "quality, quantity, purpose, value, geographic origin, time of production or other characteristics", as required by Colombian trademark law for a mark to be deemed descriptive.

International Cosmetics has appealed the Trademark Office's reversal.

Margarita Castellanos, Alvaro Castellanos M & Cia, Bogota