Resolutions, not certificates, grant trademark rights

The Colombian Patent and Trademark Office (PTO) has issued a notice (Notice 02087094) which clarifies exactly when industrial property rights are granted. Such rights, which include trademark rights, are granted when the PTO issues a resolution permitting registration, not when the certificate of registration is granted many months later.

In Colombia, owners of registered trademarks have not licensed, assigned or enforced their rights until after the certificate of registration was issued, not knowing that the PTO's registration resolution actually grants the rights.

As a result, the PTO felt it necessary to issue a notice to clarify the issue. The notice states that the issuance of a registration resolution is an administrative act. Nothing more is needed for the grant of trademark rights. After a trademark is registered, it will be assigned a registration number by a certificate of registration. However, it is the resolution, not the certificate, which grants rights in the mark.

Fernando Triana, Triana Uribe & Michelsen, Bogota