Jul 27, 2022 (Newsletter Issue 10/22)Guidelines on Examination of 3D Marks IssuedOn 13 May 2022, the Court of Justice of the Andean Community published Interpretation No. 81-IP-2020 on the examination of 3D marks. The new guidelines clarify that 3D marks may consist only of shapes or be a combination of shapes and additional elements and describe the different elements that the Andean Community’s IP Offices (Bolivia, Colombia, Ecuador, and Peru) must consider when examining these marks. These guidelines are important as they recognize the protection of 3D marks and harmonize how IP offices of the Andean Community examine these applications.
For more information and examples, please click here
Source: Bermeo & Bermeo Law Firm, Ecuador, see INTA Bulletin of 22 June 2022 Jun 02, 2022 (Newsletter Issue 7/22)Common Practice on Figurative MarksColombia's Superintendence of Industry and Commerce (SIC) has published a practice paper on figurative marks containing descriptive/non-distinctive words.
The practice paper provides a clear and comprehensive explanation of the principles on which the practice of the SIC and the IP offices of the European Union Intellectual Property Network (EUIPN) is based. It seeks to increase transparency, legal certainty, and predictability for the benefit of the users and examiners of the IP offices involved. It is intended to be a reference for IP offices, users of the EU and Colombian IP systems, and other interested parties.
The practice paper is available in Spanish and English.Source: www. euipo.europa.eu Nov 19, 2020 (Newsletter Issue 19/20)Withdrawal of Notification on Division of Intl. Registrations On November 13, 2020, WIPO received a communication from the Office of Colombia withdrawing the notification made by Colombia under Rule 40(6) of the Regulations under the Madrid Protocol (“Regulations”).
Such withdrawal will become effective on January 4, 2021.
Consequently, as from January 4, 2021, the Office of Colombia will be able to present to the International Bureau of WIPO requests for the division of an international registration under Rule 27bis(1) of the Regulations.
For more information, please click hereSource: www.wipo.int Dec 13, 2018 (Newsletter Issue 21/18)Notification on Common Regulations on Division/Merger of International RegistrationsThe Government of Colombia has notified WIPO in accordance with new Rules 27ter(2)(b) and 40(6) of the Common Regulations, which will enter into force on February 1, 2019.
In accordance with new Rule 27ter(2)(b), Colombia has declared that its Office will not present to WIPO's requests for the merger of international registrations resulting from division, under paragraph (2)(a) of this new Rule, because the Andean Community Decision Number 486 Establishing the Common Industrial Property Regime (Decision 486) does not provide for the merger of registrations of a mark.
In addition, in accordance with new Rule 40(6), Colombia has notified that new Rule 27bis(1) of the Common Regulations is not compatible with Decision 486 and shall not apply in respect of Colombia. As a result, Colombia will not present to WIPO requests for the division of an international registration in respect of Colombia under this new Rule.
More information on the notification is available hereSource: www.wipo.int Oct 28, 2014 (Newsletter Issue 16/14)
Trademark Registration Speeded Up
As a result of Administrative Resolution No. 48348 of 2014, issued by the Superintendence of Industry and Commerce, any person in Colombia interested in filing an application for registration of any distinctive sign will now be able to obtain registration in about four months.
Previously, trademarks were not granted registration in less than six months from the application date. This was mainly a reflection of a very strict interpretation of the intellectual property laws in force in Colombia. According to the CTO’s interpretation of the Paris Convention and Decision 486 of the Andean Community, a trademark registration could not be granted in less than six months because, within that period, a third party could file an application in Colombia claiming its right of priority based on an application previously filed in another contracting state.
The CTO implemented Administrative Resolution 48348, which would allow a reduction in the average time for trademark prosecution in Colombia to four months without affecting the right of priority of other applicants, who could still claim their right of priority within the six-month period.
Source: Cavelier Abogados, Bogota and Romero Raad Abogados, Bogota in INTA Bulletin Vol. 69 No. 19, 15 October 2014
Feb 18, 2013 (Newsletter Issue 2/13)Official Fees ReducedThe Colombian Trademark Office has reduced its trademark fees effective January 2013.
The office has granted a 50% discount to all those small and medium-sized Enterprise and to the public and private universities which are recognized and approved by our Ministry of Education. A smaller discount was also included for the filing of multiclass trademark application for each addition class, and for trademark renewals.
The new official fees for filing a trademark in Colombia is 750.000 COP in one class, and 375,000 COP in each additional class.
Source: Triana, Uribe & Michelsen, Colombia May 30, 2012 (Newsletter Issue 9/12)
Accession to Madrid Protocol
Colombia became a member of the international trademark system following the deposit of its instrument of accession to the Madrid Protocol for the International Registration of Marks on May 29, 2012.
The treaty will enter into force with respect to Colombia on August 29, 2012.
Source: www.wipo.int
Mar 27, 2012 (Newsletter Issue 5/12)
Changes in Registration Procedures
The Ministry of Commerce, Industry and Tourism and the Ministry of Finance issued the Decree No. 4886 on December 23, 2011 which came into force on December 26, 2011. The decree modifies the structure of the Superintendency of Industry and Commerce, the authority in charge of the National Industrial Property System.
The following changes have been made:
- Reconsideration petitions against decisions issued by the Head of Distinctive Signs are eliminated. The only applicable remedy is an appeal, which must be decided by the Deputy Superintendent for Industrial Property.
- The Head of Distinctive Signs is authorized to arrange facilitation hearings between applicants for registration of distinctive signs and opposing third parties, to propose amendments that will allow applications to mature into registrations.
- The Superintendency of Industry and Commerce is authorized to question, under oath and in fulfilment of the formalities in the Civil Procedure Code, any person whose testimony is useful in clarifying the facts of the competition.
Furthermore the Superintendent of Industry and Commerce announced on January 31, 2011, that the Industrial Property Gazette will published twice a month in the future (i.e., every two weeks). Previously, the gazette was published once a month.
Source: www.inta.org; Cavelier Abogados, Bogota; Romero Raad Abogados, Bogota
Feb 07, 2012 (Newsletter Issue 2/12)Accession to TLTThe World Intellectual Property Organization (WIPO) has informed that the Government of the Republic of Colombia last week deposited its instrument of accession to the Trademark Law Treaty (TLT). The treaty enters into force for Colombia on April 13, 2012.
The aim of the TLT is to streamline national and regional trademark registration procedures. This is achieved through the simplification and harmonization of those procedures, thus making trademark applications and the administration of trademark registrations in multiple jurisdictions less complex and more predictable.
Colombia's accession to the TLT will bring the number of active participants in the TLT to around 50. The region's participation in the TLT is growing: Colombia joins Costa Rica, the Dominican Republic, El Salvador, Honduras, Nicaragua and Peru.
For more information on the notification, please click here
Source: www.wipo.int and IP Tango Jan 23, 2012 (Newsletter Issue 1/12)
Accession to Madrid Protocol Expected
After a long process, this July, the Colombian Congress approved the adoption of the Madrid Protocol by Law No. 1455/2011, which was possible thanks to the strong support of multiple local organizations and particularly the Colombian PTO.
The Protocol won't immediately enter in force, as it still must go through other legislative procedures, which will culminate with the deposit of the instrument of accession with WIPO. Approximately three months after this later event, the Madrid Protocol will be available in the first South American country and is therefore expected soon.
Source: Moeller IP Advisors
Apr 15, 2010 (Newsletter Issue 9/10)Domain Name Registration Opened The Colombian Domain Administration has recently opened the second level domain registration for trademark registered world widely.
The .CO launch starts from 1 April, involving a multi-phase plan to ensure for the stable and orderly distribution of domains.
For more information please click hereSource: www.moellerip.com Legal basis is the Trademark Law, contained in the Andean Pact Decision 486 concerning industrial property, in force since December 1st, 2000.
Colombia is a member of the Madrid Protocol and a member of the Andean Pact. According to the Andean Pact agreement, there are common rules in trademark law in all member states of the Andean Pact (Bolivia, Colombia, Ecuador, Peru).
Trademark protection is obtained by registration.
Nice classification, 11th edition
Registrable as a trademark are all distinctive signs that can be graphically represented, such as words, names, acronyms, letters, numbers, images, figures, symbols, graphics, logotypes, monograms, portraits, labels, emblems and shields, holograms, color within an outline, or a color combination, three-dimensional forms, the three-dimensional form of a good or its packaging, sound marks, aromas, and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, and certification marks. Trade names and trade emblems are also protectable, however the exclusive right shall be acquired by first use in trade. Therefore, the deposit before the Trademark Office is only declaratory.
Trade slogans are also subject of trademark registration but only in association with a pending or registered trademark. The life of the slogan’s registration will be the one of the trademark registration to which it is associated.
The application is filed at the Trademark Office.
Multi-class applications can be filed.
Foreign applicants need a local agent (unless the trademark is filed through the Madrid Protocol system).
A power of attorney will be necessary to complete a trademark application.
The power of attorney will only need to be signed by the legal representative of the company that grants it, and can be filed in a simple copy. The original document may be requested by the Trademark Office if said entity has doubts on the authenticity of the same.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, and examination of distinctiveness and relative grounds of refusal. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use in Colombia. The burden of proof of demonstrating acquired distinctiveness rests on the applicant.
The processing time from first filing to registration is approx. 8-10 months. when no third party oppositions are filed and no ex officio rejections are issued.
The first office action is taken after approx. 15 working days.
Prior to registration, the trademark application is published in the “Gaceta de la Propiedad Industrial” for opposition purposes. As from July, 2014, the gazette is published three times per month.
National:The opposition period is 30 working days from publication date of the application.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years as from the enforcement of the granting resolution. The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fees for filing a trademark application is COP 1,160,500 in one class and COP 551,000 in each additional class. The official fee for online filings is COP 954,500 and COP 477,000 for each additional class. There is no additional fee for publication or for obtaining the certificate of registration.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
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Trademark Licensing
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Nov 24, 2020
Triana, Uribe & Michelsen, Bogota, Colombia