Classification of sale services of third-party merchandise clarified

The Colombian Trademark Office (TO) has clarified the application of the international classification of goods and services affecting applicants wishing to register a trademark in relation to the sale or marketing of a third party's goods (Declaration 4098542, November 25 2004). The TO held that such marks must be registered in Class 35 of the Nice Classification, which covers services relating to the management, administration and exploitation of third-party commercial businesses, including services concerning the sale of third-party merchandise.

The TO came to a different conclusion where the applicant uses a mark in relation to the sale and marketing of its own goods or services. It reiterated that a party that makes direct sales of its own goods or services need only register its trademark in the international class that covers those goods or services. This is because applying for a certain class provides the applicant with the implied faculty of selling the corresponding products or services.

Margarita Castellanos, Alvaro Castellanos M & Cia, Bogota