Considering the approach to damages in the United States and Colombia, civil and common lawsystems appear to be moving together, rather than apart, meaning that rights holders can expect more multi-faceted, holistic decisions, which attempt to right the wrong done.
A new practice initiated by Colombia’s National Trademark Office is causing concern in the trademark community, as second-instance decisions - which, according to the law, cannot be subject to further legal remedies - are no longer the final decisions in the administrative process. Read more
Colombia’s Trademark Office has recently clarified the interpretation of Article 165 of Andean Community Decision 486 concerning the coverage of a trademark registration following a cancellation action on the ground of non-use. Read more
In a victory for multinational pharmaceutical company Novartis AG, the Colombian Trademark Office has ordered the cancellation of a trademark owned by GlaxoSmithKline, finding that it had not been used in the relevant class. Read more
Although Asia is often seen as the centre of global counterfeiting activity, sales of fake goods are rising across Latin America. We present 20 markets in the region that are particularly problematic for brand owners. Read more
Our series highlighting markets that reportedly engage in the trade of counterfeit goods continues with Colombia. We look at why the Latin American nation is a challenge for rights holders tackling fake goods and identify key locations to police. Read more
A decree regulating the procedure for border measures in relation to IP rights enforcement is under consideration. The proposed decree would provide a new procedure for customs to suspend the importation or exportation of any suspected counterfeit or pirated goods. Detractors claim that the decree does not add anything to existing provisions.
Göran Marby, president and chief executive officer of ICANN, has written a communication which seeks to draw a line under an eight-year battle that has raged over Amazon’s application for its ‘.brand’ top-level domain. Read more
The black crab of the Island of Providence has been granted protection as a denomination of origin by a decision of the Superintendence of Industry and Commerce. It is the first time that a product of the Colombian archipelago of San Andrés, Providence and Santa Catalina has received such protection. Read more
The ICANN board has decided that Amazon’s application for the ‘.amazon’ TLD should be moved from the ‘will not proceed’ designation, paving the way for future delegation of a string that has been in limbo for five years. Read more
In a controversial decision, the Colombian Trademark Office registered the mark DESAFÍO DE GUERREROS despite the existence of television network Caracol’s well-known mark DESAFÍO. Caracol thus had to think outside the box to protect its mark. Read more
The National Trademark Office of Colombia has refused to register a mark consisting of the name and graphical representation of a Colombian geographical landmark in Classes 35, 36, 39 and 41 on the ground of descriptiveness. Read more
In opposition proceedings filed by Audi AG against the registration of the mark AUDITRAINING in Class 41, the National Trademark Office of Colombia has arguably misunderstood the concept of dilution of notorious trademarks. Read more
We speak to Colombia's candidate for the WIPO director general position, Marco M Alemán, who explains how his expertise and intimate understanding of WIPO’s inherently multilateral ethos make him the ideal candidate for the job. Read more
Law firm practitioners in jurisdictions that have adopted the Madrid Protocol in recent years have shared their experience in an exclusive survey. While some praised the system, other were scathing about its impact.
Colombia has recently issued a new Procedural Administrative Code, which introduces significant changes to the procedural stages that are relevant to trademark prosecution in the country. Among other things, the deadline to file appeals against administrative decisions, such as those issued by the Colombian Patent and Trademark Office, has been extended.
A new option is available in Colombia to reduce the prosecution time of trademark applications. In certain circumstances, it is now possible to skip the formal examination of the products/services covered by the application prior to its publication. Read more
The Colombian Patent and Trademark Office have implemented a new modern and innovative platform for the online filing and management of distinctive signs, patents and certifications of industrial property.
Following a programme of 'democratisation of industrial property', the National Patent and Trademark Office has issued a new table of reduced official fees. Colombian artisans will benefit the most, with a 90% reduction in trademark application fees. The new fees entered into force on January 1.
.CO Internet SAS, the registry managing the ccTLD for Colombia, has announced the launch of European IDNs in the ‘.co’ domain name space. The launch includes the special characters used by the Russian, German, French, Portuguese, Polish, Latvian, Lithuanian and Hungarian languages.
The registry managing ‘.co’, the ccTLD for Colombia, has announced the listing of its two-character ‘.co’ domain name portfolio for purchase with the registrar GoDaddy. The aim of listing these domain names seems to be two-fold: raising the profile of ‘.co’ domain name registrations while, at the same time, encouraging small to medium-size businesses to acquire a short and "highly brandable” domain name.
.CO Internet SAS, the registry managing ‘.co’, the ccTLD for Colombia, has revealed impressive statistics for the year 2012. The number of ‘.co’ domain names increased by nearly 24.4% from 2011 to 2012 - a significant growth rate, especially in view of the overall TLD growth rate of 12% and ccTLD growth rate of 20.7%.
There has been an increasing number of disputes arising from the registration of domain names under the ccTLD '.co'. Less than two months after the liberalisation of the '.co' extension, half a million domain names had already been registered. Most of the complaints are a direct consequence of the perception that the opening of the '.co' extension represented an opportunity to make easy and fast money.
The CTO recently denied registration of the trademark MONSIEUR PERRUNÉ for confusing similarity to MONSIEUR PERINÉ. Although the latter was not a registered mark, the CTO found that, due to its notoriety, the MONSIEUR PERRUNÉ mark would diminish its distinctive force and commercial value.
AESCO EXPRES INTERNACIONAL SAS filed a trademark application for AESCO COLOMBIA and design covering services in international Class 45. The design included the figure of the ‘Jaguar Man’, which is a pre-Colombian symbol of the ancestral belief that all earth species were human beings with different relationships to the cosmos.
In a nullity action filed by the owners of the word mark KROSPY against the figurative mark KRISPY KREME, the Council of State has found that there were no visual, phonetic or conceptual similarities between the marks and that, therefore, the registration for KRISPY KREME had been duly granted. This case demonstrates the speediness and usefulness of such proceedings since the applicable legislation was modified in 2012.
The Trademark Office has registered the colour orange for cakes, biscuits and pastries in the name of Productos Ramo SA, finding that the colour was sufficiently distinctive to allow consumers to associate it with a specific commercial origin. Although Andean legislation establishes that only a “colour delimited by a shape” can be registered as a trademark, the decision shows that the office has become more and more flexible with regard to the shape provided with the application.