Why Can’t You Register a Generic Brand Like “Café Medellín”?

Many entrepreneurs are surprised when they try to register a brand and the response is:
“Your application was denied due to lack of distinctiveness.”

But what does that actually mean?

In this article, we’ll explain why names like “Café Medellín” can’t be registered as trademarks, what kinds of names are legally prohibited in Colombia, and—most importantly—what types of names can help you protect and grow your business.

What is distinctiveness in your brand—and why does it matter?

Before we dive into what you can or can’t register, it’s essential to understand the concept of distinctiveness.

Distinctiveness is what allows a brand to identify your business in the market and distinguish it from others.

If a consumer can’t associate the brand with a specific company, then the brand isn’t fulfilling its basic function… and the Superintendence of Industry and Commerce (SIC) in Colombia will reject the application.

Why can’t you register a name like “Café Medellín”?

Although it might sound like a great name, “Café Medellín” is a textbook example of a brand that is both generic and descriptive.

• “Café” is the product itself.
• “Medellín” refers to the place of origin.

There’s nothing in that name that makes it unique or sets your business apart from others also selling coffee in Medellín.

That’s why it fails the distinctiveness test: it’s not original, not creative, and doesn’t clearly indicate a single business source.

What types of trademarks cannot be registered in Colombia?

According to Andean Decision 486 of 2000, the following types of names are not eligible for trademark registration:

🚫 Generic Terms

What are they? Words that directly name the product or service itself, without any identity.
Examples:

• “Bread” for a bakery
• “Water” for beverages
• “Computer” for electronics

👉 If the name is the product, it can’t be a trademark.

🚫 Descriptive Terms

What are they? Names that describe characteristics, qualities, or benefits of the product or service.
Examples:

• “Delicious” for food
• “Affordable” for shops
• “Fast” for delivery services

👉 They may sound appealing, but they’re too common to be protected.

🚫 Common Use Terms

What are they? Words that have become widely used and no longer identify a single company.
Examples:

• “Super” for supermarkets
• “Express” for delivery services
• “Light” for low-calorie products

👉 They no longer serve as business identifiers.

🚫 Functional or Necessary Elements

What are they? Shapes, colors, or design elements that are standard or necessary for the product.
Examples:

• Cylindrical shape of a water bottle
• Brown color for chocolate
• Rectangular box for cereal

👉 These can’t be registered because they’re essential or commonly used.

What types of trademarks can be registered?

Now that you know what to avoid, here’s what does work when building a strong, protectable brand in Colombia:

✅ Fantasy or Invented Words

What are they? Terms created from scratch, with no prior meaning.
Examples:

• Kodak (photography)
• Totto (backpacks)
• Bimbo (food products)

👉 They’re unique and memorable—no one else can use them first.

✅ Arbitrary Words

What are they? Real words, but unrelated to the product or service.
Examples:

• Apple (for technology)
• Jaguar (for cars)
• Orange (for telecom services)

👉 They work because they’re unexpected and not descriptive.

✅ Unique Combinations of Letters or Numbers

What are they? Letter-number blends that don’t describe the product.
Examples:

• 3M
• AXN
• D1

👉 They offer a distinct identity and strong brand recognition.

✅ Original Logos and Symbols

What are they? Visual designs that don’t directly describe the product.
Examples:

• The Nike swoosh
• Apple’s bitten apple
• Coca-Cola’s polar bear

👉 A distinctive visual can be just as powerful as a name.

Final Tip: Don’t bet on the obvious

We know coming up with a good brand name isn’t easy. But if you want to register your trademark in Colombia and protect your business seriously, stay away from generic terms.

Create something unique, different, and full of identity.

And before you go all-in on your idea, make sure it doesn’t already exist: a proper trademark search can save you a lot of trouble down the road.

Do you already have a brand name and want to know if it’s eligible for registration?
Need help getting your trademark registered in Colombia the right way?

At Nexo Legal, we’ll guide you through the entire process.
📩 Message us today—we’re here to help you protect what you’ve built.