Diageo Brands B.V. applied for a tactile trademark before the
Colombian Trademarks Office on February 27, 2015.
The description outlined "a texture (surface) embossed with
a crackled appearance, chapped or cracked, created from the
agglomeration of irregular geometric shapes which include
mostly pentagons, rhomboids and hexagons, the sides or line
segments are between 3 and 6 mm length and 0.5 0.08
millimeters in height and from 0.1 to 1 mm thick. The sides/line
segments and areas contained within these line segments are
smooth. The material used in this texture is amber glass
in various sizes." The trademark was applied for in class
33, under serial number 15-045738, to distinguish alcoholic
beverages, with the exception of beer, and aims at protecting the
texture of the bottle of a whiskey, OLD PARR. According to
Article 134 of the Colombian Trademark Law, any sign capable
of distinguishing goods or services on the market can be registered
as a trademark. Furthermore, item f) of the article states
that the shapes of the products, their containers
and wrappings are registrable as trademarks.
Taking into consideration these legal provisions, the Andean
Community of Nations' Court of Justice issued a
prejudicial opinion and interpretation on whether or not was the
required sign registrable as trademark.
Based on the Court's report, the Trademarks Office
eventually granted, through resolution No. 34.530/2016, the
required mark in 2016, which constitutes the very first
registration of a tactile mark in Columbia.
Mexico is a civil law country, meaning that the Mexican system does not rely on stare decisis or considers case law as binding precedent. As a result, the Mexican intellectual property statues are significantly more detailed than their US compliments.
Current Intellectual Property Law No. 9,279 of May 14, 1996 and the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement allow for patenting of pharmaceuticals in Brazil. Notwithstanding, in 2001, the Brazilian IP Law was amended and the prosecution of pharmaceutical patent applications changed substantially.
Owners of intellectual property (IP) have many ways to protect their valuable assets.
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