Indecopi, through the Directorate of Distinctive Signs, clarified that the recent delivery of the “Postres Cuchareables by Sienna” brand does not grant exclusive rights to the expression “desspoonable desserts.” This means that Any person or entrepreneur can continue to use the aforementioned expression or something similar freely and without restrictions. that refers to some characteristic of its products or services linked to the gastronomic sector.
A few weeks ago, gastronomic entrepreneurs and influencers expressed their concern through social networks about the possible exclusivity of the word “spoonable”, after the application for this trademark before Indecopi. This caused controversy because it was believed that, with the registration of the trademark, other entrepreneurs would not be able to use the expression “spoonable desserts” or “spoonable” to refer to products or services provided in the gastronomic sector.
However, the Indecopi resolution that grants the trademark “Spoonable Desserts by Sienna” clarifies that the phrase “spoonable desserts” refers to a characteristic of the product, that is, desserts that are consumed with a spoon. Therefore, any entrepreneur can continue to use this expression in their offer of desserts and other gastronomic products and services, without breaking the law.
With this decision, Indecopi reaffirms that its resolutions are issued in accordance with current regulations, ensuring a transparent process.
