Nestlé Prevents Registration of 'Milkito' Due to Similarity with 'Milo'
Source: dairynews.today
Nestlé successfully argued against the registration of 'Milkito', citing potential consumer confusion with its well-known 'Milo' brand.
The Superintendencia de Industria y Comercio (SIC) ruled in favor of Nestlé, finding 'Milkito' too similar to the renowned 'Milo' brand, potentially causing consumer confusion. Despite the decision, Leche Gloria S.A., the company behind 'Milkito', retains the right to appeal.
'Milo' is a staple in Colombian households, consumed in various forms, such as hot, cold, or sprinkled on a 'cholao'. The opposition arose after Société des Produits Nestlé S.A., the producer of 'Milo', filed a case with SIC against Leche Gloria S.A.'s trademark application for 'Milkito'.
Nestlé argued that 'Milo' is widely recognized in Colombia and has been validated for various products by SIC, including chocolate milk, milk modifiers, and malt-based drinks. Furthermore, Nestlé pointed out that 'Milkito' shares key characters with 'Milo', leading to similar sounds and appearances, thus likely confusing the consumers. SIC concluded that the brand names were sufficiently alike and the categories of products, such as milk and dairy derivatives, were related.
The decision emphasized the need for special protection due to the fame of 'Milo'. On the contrary, Leche Gloria S.A. defended its trademark application by highlighting differences in brand structure and citing previous use of similar names.
'Milo' is a staple in Colombian households, consumed in various forms, such as hot, cold, or sprinkled on a 'cholao'. The opposition arose after Société des Produits Nestlé S.A., the producer of 'Milo', filed a case with SIC against Leche Gloria S.A.'s trademark application for 'Milkito'.
Nestlé argued that 'Milo' is widely recognized in Colombia and has been validated for various products by SIC, including chocolate milk, milk modifiers, and malt-based drinks. Furthermore, Nestlé pointed out that 'Milkito' shares key characters with 'Milo', leading to similar sounds and appearances, thus likely confusing the consumers. SIC concluded that the brand names were sufficiently alike and the categories of products, such as milk and dairy derivatives, were related.
The decision emphasized the need for special protection due to the fame of 'Milo'. On the contrary, Leche Gloria S.A. defended its trademark application by highlighting differences in brand structure and citing previous use of similar names.
