Trademark Office clarifies position on acceptance of untimely evidence

The Trademark Office has clarified its position on the acceptance of evidence filed after the relevant deadline in opposition proceedings involving the trademark BUGATTI.

Bugatti International SA Holding opposed the application for the registration of the trademark BUGATTI filed by GNC SA. The Trademark Office dismissed the opposition on the grounds that the evidence provided in support of the opposition had not been filed in a timely manner, and allowed the registration of the trademark BUGATTI (Resolution 3296, February 25 2005). Bugatti appealed the decision.

On appeal, the Trademark Office reversed the decision and rejected the application to register the mark (Resolution 9532, March 31 2008). The office decided to examine the evidence filed by Bugatti, concluding that the Council of State (Colombia's highest administrative court, whose decisions are binding on the office) had established that administrative officers must consider all the evidence filed - even if untimely - in order to reach a decision on appeal.

Therefore, the office will examine all documents and evidence submitted during the course of the proceedings before a final decision is made on appeal.

Margarita Castellanos, Castellanos & Co, Bogota