In a globalized and competitive world, large companies and their
advertising agencies face the challenge of capturing the
consumer's attention beyond traditional visual advertising.
They engage all five senses to distinguish between different brands
in the market. These trademarks include sound, animation, tactile,
gestures, position, holographs, movement, and smell, among
Thanks to the success of this new publicity strategy, protecting
non-traditional trademarks has increased in importance,
particularly in regards to defending and positioning them in the
This trend can be seen here in Colombia. Recently, businessmen
have expressed serious interest in registering this kind of
trademark, identifying their products and markets, and
distinguishing them, in the consumer's mind, from other
products on the market.
The most significant challenge that has risen in protecting
these brands is complying with the differentiation requirement that
Decision #486 of 2000 by the Comunidad Andina mandates. This
requirement enables the consumer to identify and distinguish one
product from another. Among the non-traditional trademarks already
registered here in Colombia, the introductory soundtrack from films
produced by Twentieth Century Fox stands out. This sound trademark
can be seen in the following sheet music:
Thanks to major progress in the advertising industry, protection
of non-traditional trademarks is on the rise. The companies
involved have the additional challenge of effectively positioning
these new brands in the consumers' minds. Our goal is to help
businesses understand the legal requirements to protect a
non-traditional trademark, a current issue that is becoming more
important in both national and foreign companies.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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El 27 de diciembre de 2016, fue publicado en el Diario Oficial de la Federación un Acuerdo que modifica lineamientos para el uso del Portal de Pagos y Servicios Electrónicos (PASE) del Instituto Mexicano de la Propiedad Industrial (IMPI), en trámites de solicitudes de marca y aviso comercial.
Recently the Nice International Classification of Products and Services, a system used to categorize trademark applications, has been updated once again, with the entry into force of the 11th Edition on January 1, 2017.
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