Skims fails to register in Colombia

The well-known women’s apparel brand Skims, created by Kim Kardashian, filed an application with the Superintendency of Industry and Commerce (SIC) for registration in Class 25, which includes clothing and underwear. The purpose of the application was to consolidate its entry into the Colombian market and obtain legal protection of its name within the country. However, the request was unsuccessful due to the opposition of a previously registered trademark in the same segment.

The company Creaciones Sex S.A.S., owner of the trademark Skids, alleged that the name applied for by the American company was practically identical to its own. According to the opponent, the difference between the words was limited to the substitution of the letter “d” for the letter “m,” which could generate confusion among consumers and give rise to a risk of undue association. The argument focused on the orthographic and phonetic similarity being sufficient to affect the principle of distinctiveness required by Colombian trademark law.

In their defense, Skims’ representatives argued that the trademark responded to a different concept, linked to the idea of garments that adapt to the body and slide smoothly over the skin. In addition, they highlighted the semantic and symbolic construction of the sign as a differentiating element in relation to Skids. However, the Colombian authority considered that these explanations were not sufficient to disprove the obvious resemblance between the conflicting signs, especially since they coincide in class and type of product.

The SIC determined that the likelihood of confusion was high and that, therefore, the opposition was admissible. Consequently, it decided to deny the registration requested by Skims, arguing that the average consumer could be mistaken about the business origin of the products offered under such a name. The entity emphasized that, being a sector with high competition and great exposure in the market, clarity in the identification of trademarks is essential to avoid commercial conflicts and to protect both the public and the holders of previous registrations.

Skims is prevented from consolidating its name in the Colombian territory, despite its strong global positioning and the prestige of its founder.