First it was Frisby. The iconic fried chicken chain that was born in Pereira nearly half a century ago outraged an entire nation when it was revealed that its name, image, and essence were being replicated by an unrelated company in Spain. The case escalated into a media phenomenon, sparking reactions from Medellín’s Metro system to the country’s largest brands. But now, history repeats itself with another gem from Colombia’s brand portfolio: Pony Malta.
The beverage that has accompanied school recesses and sports training for generations is now the subject of a registration attempt in Europe that almost exactly reproduces its visual identity: the iconic red pony, the distinctive typography, and the blue, red, and yellow colors. According to official records from the Spanish Patent and Trademark Office (OEPM), a resident of Barcelona, Carlos Alberto Rendón Zambrano, filed for the registration of this image as his own trademark in Spain on August 9, 2024.
A wake-up call for Colombia’s brand heritage
@ultimahoracol_ #Noticias Pony Malta, en la mira de una disputa legal en España por uso no autorizado de su imagen. Un ciudadano en Barcelona intentó registrar una marca casi idéntica a la de Pony Malta, replicando su pony, colores y tipografía. Bavaria ya presentó oposición ante las autoridades europeas para proteger la identidad de esta emblemática bebida colombiana. El caso se suma al de Frisby, encendiendo las alertas sobre la protección de marcas nacionales en el exterior. Por: @María Camila Sánchez Imagenes Redes/Pexels. #PonyMalta #Bavaria #MarcaRegistrada #PropiedadIntelectual #IdentidadVisual #MarcasColombianas #DisputaLegal #España #Frisby #PlagioDeMarca #RegistroDeMarca #EmpresasColombianas #ProtecciónDeMarca #NoticiasColombia #IndustriaColombiana
The registration attempt raised alarms at Bavaria, owner of the Pony Malta brand, which responded with a formal opposition to the OEPM in late 2024. As reported by Valora Analitik, the company argues it holds the legal trademark for the name “Pony Malta” with the European Union Intellectual Property Office (EUIPO), although the graphic design—the “pony”—was not yet protected in Spain. The legal process is currently ongoing and awaiting a resolution from European authorities.
Rendón Zambrano’s move is neither isolated nor accidental. It follows the same pattern as the Frisby case, in which a company named Frisby España S.L. registered the name and filed to annul the original Colombian brand’s use in Europe. According to El País, the brand had been registered by Frisby Colombia since 2005 but had not been actively used on the continent. That lack of effective use opened the door for a third party now claiming exclusive rights to the name in the old continent.
In the case of Pony Malta, what’s at stake isn’t the name—which Bavaria has already registered—but the visual identity that makes the drink instantly recognizable. This issue jeopardizes not just a brand, but the collective memory of millions of consumers.
Beyond a bottle: identity, nostalgia, and reputation
The seriousness of the case lies in its symbolism. As Portafolio explains, Pony Malta is not just a drink: it’s a cultural and emotional symbol. What’s at stake is the possibility that a third party could market products with an image indistinguishable from the original, leading to consumer confusion, reputational damage, and potentially, market loss for the Colombian brand.
Bavaria faces a complex legal scenario. As noted by Forbes Colombia, if the OEPM grants the figurative mark to the Spanish citizen, Pony Malta may not be able to use its own logo on products within Iberian territory—and possibly in other European markets. This would be despite its decades-long presence and emotional connection with its audience across Latin America.
Even though the process is still at the administrative stage, the consequences are tangible. According to legal experts, these disputes are usually resolved in favor of the party that proves continuous commercial use. But without evidence of active presence in Europe, companies risk losing their rights due to inaction.
A call for collective action
Frisby sounded the alarm. Pony Malta confirms this was not an isolated case. As revealed by Caracol Radio, there are also European registration attempts for other Colombian brands like Frutiño, Golty, and Quipitos. In a world where digital borders allow any brand to project itself globally, failing to register trademarks abroad is like leaving the door open for impersonation.
In response to this landscape, industry spokespeople are urging national brands to legally protect themselves, while calling on government entities to strengthen support and protection mechanisms abroad. Because, as shown by the #APollo movement that emerged from the Frisby case, a nation’s brand heritage is not defended solely in court—it’s defended on the streets, on social media, and in the hearts of consumers.
“Pony Malta is in the crosshairs of a legal battle that goes beyond a logo: it’s a matter of cultural sovereignty, industrial identity, and respect for legacy,” said global branding analyst Santiago Mora in an interview with El Colombiano.
The OEPM’s verdict is still pending. But what’s clear is that Colombia must wake up to a new form of commercial colonization: one where its most beloved symbols can be appropriated with a simple form.
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