On June 29, 2011, the Colombian Congress issued Law 1455, by
means of which it approved the "Madrid Protocol concerning the
Madrid Agreement regarding the international registration of
trademarks", adopted in Madrid, Spain, on June 27, 1989 and
modified on October 3, 2006 and on November 12, 2007.
This Protocol, along with the "Madrid Agreement", is
part of the "Madrid System", which establishes an
international registration scheme for trademarks. The Madrid System
was established on 1891 and is administered by the World
Intellectual Property Organization (WIPO).
At the moment, Law 1455 is being subject to control by the
Constitutional Court that is in charge of analyzing its
constitutionality. Once said Court issues a ruling, Law 1455 should
be deposited before WIPO for ratification.
Once Law 1455 is ratified, Colombia will officially be part of
the Madrid Protocol and, consequently, it will be one of the more
than eighty countries that have ratified this Protocol. Those
interested to obtain the registration of their trademark in several
countries will be able to do it through the International
The Superintendence of Industry and Trade is currently working
on the implementation of the Madrid Protocol through the
institutional strengthening as well as through the adaptation of
the concerning laws, in order to promote and raise the awareness in
the use of this System.
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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In accordance with the Mexican
Patent and Trademark Law in Mexico, in order to maintain patent,
industrial design, and utility model registrations in force through
their life terms, the payment of maintenance fees is necessary.
Every six months the Mexican Patent Office (IMPI) publishes an updated version of the "Linkage Gazette", a list of valid patents covering pharmaceutical products which are alphabetically listed according to the generic name of the patented product.
Under the prior Law of Development and Protection of the
Industrial Property in force up to June 27, 1991, trademarks,
slogans, and commercial names had a 5 year lifeterm counted from
their Legal Date.
The international treaty that addresses the deposit of biological materials for the purposes of patent procedure is the Budapest Treaty, which was created on April 28, 1977 and currently has 73 member countries.
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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