Colombia: Green Light For Registration Of Derivative Trademarks In Colombia

The Patent and Trademark Office of Colombia issued recently¹ a pronouncement in favor of the registration of derivative trademarks, namely, of trademarks very similar to previously registered trademarks by the same proprietor for identical products or services, always provided that the following requirements are met:

1. That the trademark applied for is related to a previously registered trademark, in such a manner that the dominant sign of the registered trademark is included in the trademark applied for, whether with non-substantial variations or with variations befalling on accessory elements.

2. That the new application for registration be filed by the proprietor himself of the original trademark and that it refers to the same products or services.

The above represents one of the most complete pronouncements made by the Patent and Trademark Office of Colombia on the topic, by who for such purpose studied the Spanish law and several documents issued by the Court of Justice of the Andean Community.

1. Superintendency of Industry and Commerce of Colombia, Resolution No. 32090 of September 28, 2001.