New Procedural Administrative Code should benefit trademark owners

Colombia has recently issued a new Procedural Administrative Code (Law 1437), which introduces significant changes to the procedural stages that are relevant to trademark prosecution in the country.

First, the new law contains a provision that extends the deadline to file appeals against administrative decisions, such as those issued by the Colombian Patent and Trademark Office (PTO). The deadline has been increased from five to 10 business days following the notification of the PTO’s decision. This new timeframe will prove especially useful for foreign trademark owners, who have often struggled to make a decision in time with regard to trademark proceedings in Colombia.

Second, the new law states that evidence in administrative proceedings may be filed, requested or reviewed at any time before a decision is issued by the administrative authority in charge of the case. Trademark owners will thus have a long period of time to file or request evidence.

Finally, the new code establishes that administrative authorities may notify their decisions through electronic channels. This change aims to make administrative actions more efficient and prompt. The benefit for trademark owners will be a quicker resolution of procedural matters.

Margarita Castellanos, Castellanos & Co, Bogota