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 …Read More
The Colombian Superintendence of Industry and Commerce (SIC) has recently joined the TM5 ID List, a compilation of approximately 14,000 pre-approved descriptions (“IDs” or “identifications”) of goods or services that are associated with trademarks.
The TM5 ID List was developed by the TM5 partner offices, namely, the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the Office for Harmonization in the Internal Market (EUIPO), the State Administration for Industry and Commerce of the People’s Republic of China (SAIC) and the United States Patent and Trademark Office (USPTO). After the Madrid Goods & Services Manager (MGS) and TMClass, the TM5 ID List is the third harmonized list of goods or services associated with trademarks available to users.
The joining of Colombia to the TM5 ID List is a result of a cooperation agreement signed by the SIC with the TM5 partner offices in order to facilitate trademark registrations both nationally and internationally.
Trademark applicants must provide national offices with IDs of the goods or services that are associated with the trademarks for which they are applying. Applicants can either craft the IDs on their own, or select an ID, or a combination of IDs, from lists of possible IDs …Read More
The Patent Prosecution Highway (PPH) is a set of initiatives for speeding up the examination process of patent applications filed in participating patent offices.
According to the PPH, when an applicant receives a final ruling from a first patent office (Office of First Filing – OFF) where at least one claim is allowed, the applicant may request fast-track examination of corresponding claims in a corresponding patent application that is pending in a second patent office (Office of Second Filing – OSF).
The Colombian PTO (SIC) has had PPH agreements with the United States Patent and Trademark Office (USPTO) since 2012, the Spanish Patent and Trademark Office (OEPM) since 2013, the Japan Patent Office (JPO) since 2014 and a PPH pilot program with the South Korean Patent Office (KIPO) since February 2016. Additionally, as we reported in January 2016, the SIC and the European Patent Office signed a Memorandum of Understanding (MoU) to implement a PPH Pilot Program.
The request for PPH in Colombia must be done when requesting the substantive examination, and a copy of the following documents must be filed: (a) the granting decision certificate of the OFF, (b) the granted set of claims together with its translation into …Read More
On April 11, 2016, the Colombian Health and Social Protection office approached Novartis AG regarding a formal price offer as part of the Administrative Process for the Declaration of Public Interest.
This request is regarding a compulsory license for a patent directed to a polymorph of the anti-cancer drug imatinib (marketed by Novartis as Gleevec/Glivec). The request for the Declaration of Public Interest, which is the first step towards a compulsory license in Colombia, was filed by iFarma (representative in Colombia of Health Action International, HAI), Misión Salud (Mission Health) and the Universidad Nacional de Colombia (CIMUN) in November 2014.
The Minister´s communication was made under the recommendation of the Technical Committee for Declaration of Public Interest of the Ministry of Health and Social Protection, and a price of COL$ 140 per milligram of imatinib as the maximum selling price to the public was bid, which involves a 60 percent discount over the marketed drug Glivec.
A compulsory license is a legal mechanism by means of which a government allows for the generic production of a drug without permission of the patent holder. It is one of the flexibilities on patent protection included in the TRIPS (Trade-Related Aspects of Intellectual …Read More
In chemistry, polymorphism relates to the ability of a solid material to exist in more than one form or crystal structure. Polymorphs are considered crucial in the development of new pharmaceutical products, since the different crystalline forms of a drug may have different physicochemical properties that can influence the quality, safety and efficacy of the final drug product.
Although Decision 486, which establishes the common IP regime for Colombia, Bolivia, Ecuador and Peru, does not specifically exclude polymorphs from patentability, the Colombian PTO (SIC) has usually set very high standards regarding the compliance with the clarity and inventive step requirements, resulting in many patent applications directed to polymorphs being rejected.
One of the most common objections raised by Colombian examiners regarding polymorph patent applications is the lack of clarity of claims. According to the SIC´s Guidelines for patent examination, a polymorph must be characterized in a claim by its physicochemical parameters, such as:
1. Single crystal x-ray diffraction pattern (SCXRD). If a claim characterizes the polymorph through this pattern, no additional data will be required.
2. X-ray powder diffraction (XRPD) pattern, which must have at least 20 characteristic peaks measured between 5°, 2θ and 90°, 2θ. X-ray analysis is the …Read More
On February 2, 2016, the Colombian PTO (Superintendence of Industry and Commerce – SIC) published Resolution 3719, which regulates some of the articles of Decision 486, a common IP regime for Bolivia, Colombia, Ecuador and Peru – regarding the conversion of applications, the filing of patent divisional applications and the patentability examination.
- Resolution 3719 establishes that a request for: i) the conversion of an application; ii) the division of a patent application into two or more divisional applications, or iii) the merger of two or more patent applications into one, can be filed at any time during the proceedings, until the resolution deciding on a request for reconsideration of a final decision (either granting or rejecting) has been issued by SIC.
Therefore, Resolution 3719 clarifies articles 35, 36 and 37 of Decision 486, which state that a request for the conversion, division or merger of patent application respectively can be filed “at any time during the proceedings.”
- Regarding the “conversion of an application”, Resolution 3719 establishes that said term refers to the conversion of a patent into a utility model application and vice versa, and of a utility model to an industrial design application.
When a request for …Read More
Through Resolution No. 101961 of 2015, the Colombian PTO has protected the designation of origin (DO) “CAFÉ DE HUILA” (COFFEE HUILA), and has rejected the trademark application “CAFÉ RIO SUAZA” (COFFEE RIO SUAZA) claimed by Oliver Torres Marques to identify coffee-related products included in Class 30 of the Nice International Classification.
By means of Resolution 17989 of April 2013, the local PTO protected the DO “CAFÉ DE HUILA” (COFFEE HUILA), which distinguishes “Coffee” in Class 30 of the Nice International Classification. A defined geographical area and the height range between 1000-2200 meters above sea level was also established. That area includes certain municipalities and towns that are part of the region of Huila.
The Colombian PTO considered that due to the fact that the trademark application “CAFÉ RIO SUAZA” (COFFEE RIO SUAZA) contains the word “SUAZA,” the DO COFFEE HUILA was suggested. Suaza is a municipality in the region of Huila, which is part of the protected DO by geographic area. The consumer may be confused by both trademarks because they have a similar geographic origin.
For these reasons, the Colombian PTO decided to deny the trademark application filed by Mr. Torres Marques, preventing the registration of Cafe Rio SUAZA …Read More
In January 2016, the Colombian Superintendent of Industry and Commerce, Pablo Felipe Robledo, and the President of the European Patent Office, Bennoît Battistelli, signed a Memorandum of Understanding (MoU) to implement a Patent Prosecution Highway (PPH) Pilot Program.
The PPH program enables an applicant whose claims have been determined to be patentable/allowable to have a corresponding application filed with a PPH partner office processed in an accelerated manner while at the same time allowing the offices involved to exploit available work results.
The Colombian PTO (SIC) also has running PPH agreements with the United States Patent and Trademark Office (USPTO) since 2012, the Spanish Patent and Trademark Office (OEPM) since 2013 and the Japan Patent Office (JPO) since 2014.
We will keep you updated regarding any further developments on this matter.
Source: http://www.sic.gov.co…Read More
The local trademark office authorized use of the Colombian official seal of Designation of Origin (DO) to 40 craftsmen from twelve regions of Colombia.
The craftsmen who were recognized now have a certificate that identifies them as beneficiaries and/or producers or processors of a product that is protected with a DO and thus guarantee consumers the quality expected in each of those products.
Nine collective marks (identified as CISLOA, ECOSOMBRIO, ASOJAMAR, SANTALT, ARTS & SEDA, ACEDAR, SARASWATI, ASOCHIARTE and LA ESPERANZA) have been granted to nine different associations of craftsmen located in the cities of Caldas, Risaralda and Boyaca who met the pertinent requirements according to the Decision 486 of the Andean Community.
We will report additional information as it is available.
Source: www.sic.gov.co…Read More
On December 10, 2015, the Colombian PTO (SIC) announced that the renewal of trademarks and trade names will now be available only online.
Only those renewal applications that have been filed duly on time after paying the corresponding fees will be accepted. In Colombia, a trademark renewal must be filed within six months before the expiry date (10 years after registration), or within the grace period of six months after the expiry date.
After the online renewal has been applied for, the applicant receives i) an email acknowledging receipt and ii) a second email with the renewal registration certification and its new term of validity.
Source: http://www.sic.gov.co…Read More