Manager of El Dorado international airport cannot register EL DORADO for airport services

Colombia

El Dorado international airport is Colombia's main airport. It is located 15 kilometres from the centre of Bogota. The airport was given its name in 1959.

OPAIN SA, a private company, is the appointed manager of airport services at El Dorado international airport.  OPAIN applied for the registration of the trademark EL DORADO (and device), depicted below, for services in Classes 35 and 39 (operation and management of airports and airport services).

In Resolution No 63098 dated September 4 2015, the National Trademark Office rejected ex officio the registration of the trademark, considering that it was contrary to the law and the public order. The decision was based on the following grounds:

  • El Dorado international airport is a public good.

  • Public goods pertain to the nation and are of public usage.

  • Public goods cannot be commercialised.

  • The contract of administration given to OPAIN did not include the possibility of acquiring property over the administered goods, including intangible matter.

  • Therefore, OPAIN could not acquire exclusive rights over the sign EL DORADO for airport and related services.

This decision is final and ends the administrative process of registration of the trademark.

Margarita Castellanos, Castellanos & Co, Bogota

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