Consistent with recent purposes and objectives of the
Colombian Trademark Office, such as the constant development,
processes evolution and modernization of its criteria related with
the registration of trademarks in the country; for the first time
in Colombia this entity has granted a tactile
This was the case of Resolution No. 34530 of June 2,
2016 by means of which the Colombia TMO granted the application
filed by the company DIAGEO BRANDS BV, of the crackle
surface, chapped or cracked with irregular geometric shapes
including, pentagons, rhomboids and hexagons with which the
bottle of Old Parr is distinguished to identify
products of International class 33 (this texture will be
used in amber glass and will be used in different sizes).
It is important to note in this case, that in order to issue a
right decision, for the first time an administrative entity reaches
out to the Court of Justice of the Andean Community, in order to
consult and obtain a preliminary interpretation regarding issues
such as the possibility of registering a specific texture as a
tactile mark, the requirement of distinctiveness of that mark, the
operation in terms of graphical representation and if the analysis
of distinctiveness is absolutely linked to the type of product or
service that the sign identifies.
Finally, and based on the issues raised by the High Court, the
Superintendency considered that the filed texture as tactile mark,
meets the distinctiveness requirements needed to be identified and
registered as a trademark to identify alcoholic beverages.
This evidences how for the first time in the history of
Colombian intellectual property the registration of a TACTILE mark
has been accepted. This decision along with recent
registers of colored marks, indicates significant progress in this
area and consequently on innovation and creativity of entrepreneurs
in the country.
¡Ven a vernos a la Conferencia Anual de INTA 2017 en Barcelona!
Nuestros expertos de América Latina, España y Portugal estarán encantados de reunirse con vosotros para tratar cualquier asunto relacionado con la gestión de la cartera de Propiedad Industrial e Intelectual.
Nos encontraréis en el Hotel Santos Porta Fira desde el domingo 21 de mayo hasta el martes 23 de mayo en la sala Europa ubicada en la planta 24th. Estamos a 5 minutos del Recinto Ferial Fira Gran Vía.
Under the Mexican Trademark Law there is no obligation to use a trademark until renewal time is reached in the 10th year as of the filing date of the registration to be renewed and when filing the application for renewal it is only necessary to declare under oath that the mark has been used during a term of the last three years.
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