New developments in trademark procedures in Colombia

9 December 2020

The Colombian Trademark Office added and modified some aspects of the trademark procedure.

9 December 2020

By means of Resolution No. 59671 of 2020, the Colombian Trademark Office added and modified some aspects of the trademark procedure in this country. Among the modifications that took place are the following:

– In order to process an application for the registration of sound trademarks, the applicant must comply with the requirement of graphic representation, by submitting (i) a description of the sign, by means of musical notation, score or scores, sonogram or any other means that allows for graphic representation; and (ii) an audio file that reproduces the sound and supports digital recording in WAV, CDA, WMA, MP3, DOC, DOCX, PDF formats with 192 Kbps quality and a maximum file weight of 50MB (it should be noted that, prior to the resolution under consideration, only MP3 format was supported). This point is already in force and is currently required.

– If the applicant wishes to claim the colour of a trademark as a distinctive feature of the mark, he must declare this, indicating the name of the colour or colours, without using adjectives to qualify it. If the colour is to be described, an internationally recognised classification code must be used, such as: Pantone, Focoltone or RGB, or any reference system that allows its subsequent verification and correspondence with the registration applied for. This point is already in force and is currently required.

If the applicant does not wish to claim the colour(s), he must provide the black and white label. This requirement will come into force on April 5, 2021.

– In order to comply with the requirement of graphic representation of colour trademarks, in addition to requiring that the colour be identified by an internationally recognised classification code, such as Pantone, Focoltone or RGB, or any system that allows subsequent verification, the form in which the colour will be contained must be illustrated by dotted lines. This point is already in force and is currently required.

– When applying for position trademarks, a graphic representation must be submitted, consisting of a single view, clearly and unambiguously showing the position, size, arrangement and proportion of the sign applied for to the surface on which it will be applied. The surface must be represented with dotted lines, in order to define the matter for which protection is not claimed. This requirement is already in force and is currently enforceable.

– As regards the processing of motion or animated trademarks, a document comprising the sequence of movements represented in still images must be submitted with your application, clearly showing which movement is to be protected. Similarly, an animated reproduction, without sound, in GIF format of maximum 50MB, must be submitted, showing the movement to be protected. This point is already in force and is currently required.

The Superintendence, with these relevant aspects updates new types of trademarks marks (sound, animated) and specifies details regarding colour claims and position marks leaving the registration panorama much clearer for the applicant.

Of course, in case of doubt please contact us at latinamerica@herrero.es

5/5 - (4 votes)

Adriana Peñaranda

Lawyer.Colombia office Director.

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