A change in the amounts of the individual fee payable with respect to Colombia under Article 8(7) of the Madrid Protocol will take effect on January 1, 2016.
The new fees will be payable if Colombia:
(a) is designated in an international application which is received, or is deemed to have been received under Rule 11(1)(c), by the Office of origin on or after that date; or
(b) is the subject of a subsequent designation which is received by the Office of the Contracting Party of the holder on or after that date, or is filed directly with the International Bureau of WIPO on or after that date; or
(c) has been designated in an international registration which is renewed on or after that date.
To read the complete WIPO Information Notice No. 46/2015, please click here.
Since November 10, 2015, the Superintendence of Industry and Commerce (SIC), in its capacity as a Receiving Office of international applications under the Patent Cooperation Treaty (PCT), has been accepting international patent applications filed electronically using the ePCT-Filing function in the ePCT Portal.
Applicants using the ePCT for the filing of PCT international applications in SIC as Receiving Office, will benefit from a reduction in the international filing fee charged by the World Intellectual Property Organization (WIPO).
For more information about the requirements and practices of SIC with regard to the filing of international applications in electronic form, click here.
The acceptance of ePCT filings by SIC brings to 27 the total number of receiving Offices that do so. In the Latin American region, SIC has joined the Mexican (IMPI) and Chilean (INAPI) PTOs in accepting electronic filing of PCT applications.
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Through resolution No. 82613, the Colombian PTO (SIC) has declared the trademark FITNESS by SOCIETÉ DES PRODUITS NESTLÉ S.A. as a well-known trademark to designate cereals.
After an application for the trademark GOLDEN FOODS GOLDEN FIT, which comprises both graphic and nominative elements (mixed trademark) to designate cereals was filed by the Mexican company CEREALES Y PASTAS, S.A. DE C.V., the SOCIETÉ DES PRODUITS NESTLÉ S.A. filed an opposition against the granting of the claimed mixed trademark based on the similarity of the image used (female silhouette).
The SOCIETÉ DES PRODUITS NESTLÉ S.A filed evidence in order to demonstrate the investment on advertising and sales of the products identified with the trademark FITNESS, as well as a market research showing that consumers recognize and associate the female silhouette with their trademark.
The SIC, after analyzing both signs, stated that the similarity in the use of the female silhouette with a similar color pattern could lead to confusion. Therefore, the trademark application GOLDEN FOODS GOLDEN FIT was rejected due to the fact that FITNESS is a well-known mark in the local market.
Through Resolution No. 51835 of 2015, the Superintendence of Industry and Commerce (SIC) denied the application for registration of the mark “CREATIONS JUANES AMC.”
This mark was requested by the Association of Footwear Manufacturers (“ASOCIACIÓN DE MARROQUINEROS Y FABRICANTES DE CALZADO CREACIONES JUANES AMC”) to identify shoes in Class 25 of the Nice International Classification. The trademark office considered that there could be a likelihood of confusion and association with the brand “JUANES” and this could affect the identity and prestige of the well-known Colombian singer Juanes.
Resolution No. 51835 stated that the products that sought to identify the brand CREACIONES JUANES AMC, were similar to the ones protected by the mark “JUANES” (owned by Colombian singer) namely shoes, in Class 25 of the Classification Nice International.
Finally, the SIC determined that Juan Esteban Aristizábal (Juanes), enjoys prestige in the national and international level, especially as a singer and songwriter. Therefore, the granting of the trademark application “CREACIONES JUANES AMC” could affect his identity and reputation.
Source: www.sic.gov.coRead More
The Colombian University of Valle (Universidad del Valle) has recently launched a Technology and Innovation Support Center (TISC) with the aim of assisting and advising entrepreneurs and innovators on intellectual property rights (IPRs).
The new TISC is part of a national network comprising universities, technological parks, research centers and chambers of commerce, led by the Colombian PTO (SIC) and the World Intellectual Property Organization (WIPO).
WIPO´s TISC Program started in April 2009 to provide innovators in developing countries with access to locally based, high-quality technology information and related services, helping them to develop their innovative potential and to create, protect, and manage IPRs.
The main services offered by TISCs include:
- Access to online patent and non-patent resources and IP-related publications;
- Assistance in searching and retrieving technology information;
- Training in database search;
- Access to on-demand searches (novelty, state-of-the-art and infringement);
- Monitoring of technology and competitors;
- Providing basic information on industrial property laws, management and strategy, and technology commercialization and marketing.
The Colombian PTO (SIC) issued provisional measures against the Colombian company VINOS DE LA CORTE S.A. to stop them using the terms “Champagne” (“Champaña” in Spanish) or “Champagne artificial flavor” in their products, website or any other advertising material. The steps were taken to protect the Denomination of Origin (DO) “Champagne.”
This decision sets an important precedent in Colombia, as it is the first judicial case related to the infraction of a DO.
The Interprofessional Champagne Wines Committee (Comité interprofessionnel du vin de champagne) had applied for provisional measures against VINOS DE LA CORTE S.A., arguing that the use of the aforementioned terms involves a non-authorized use of the DO “Champagne,” recognized in Colombia by SIC in 2013.
In the resolution of the provisional measures, the SIC argued that, since the term “Champagne” is a DO recognized in Colombia, it can only be used to define products that have been produced in the province of Champagne and the municipality of Bar-sur-Seine (France), provided they comply with specific quality conditions determined by the DO. However, the sparkling wines commercialized by VINOS DE LA CORTE S.A. are produced in the Colombian municipality of Santander de Quilichao.
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The Colombian PTO (SIC) has cancelled the registered word trademark NACHOS, belonging to FERRIS ENTERPRISES CORP, alleging that there is evidence that show that consumers associate the expression “Nachos” with food and not with a trademark identifying a defined commercial origin.
Among the evidence filed by Marta Cecilia Méndez Salazar with the cancellation action, were the results of a market survey carried out in 2014 by the consultancy “Marketing Time,” (Tiempo de Mercadeo) in which 350 people were asked the question: Do you identify the word nachos with a type of food or with a trademark? 100 percent of the survey respondents answered that the term referred to a type of food. Additionally, Méndez Salazar filed images of several products from different companies that contain the word “Nachos” to define the products made from corn or cereal that they are selling.
In the resolution of the cancellation action, the SIC stated that the registered trademark NACHOS lacks additional nominative or graphic elements that would allow consumers to differentiate it from other trademarks in the market that currently identify nachos or corn tortillas and that contain the expression “Nachos” as an explanatory element.
After this cancellation action, companies cannot seek to have the trademark NACHOS to identify products such as nachos or corn tortillas.
This decision sets an important precedent in Colombia, as it is the second time that the SIC cancels a registered trademark due to loss of distinctiveness. The first trademark cancelled for this reason was PANETTONE, to identify bread products.
The Colombian PTO (SIC) recently rejected the trademark application CUKOLA filed by PET DEL CARIBE S.A. under Class 32 of the Nice Classification (aerated waters, water, mineral water,juices and preparations for making beverages, and other non-alcoholic beverages), due to its similarity with the COCA COLA trademarks by THE COCA COLA COMPANY.
After an application for the mixed trademark CUKOLA was filed, THE COCA COLA COMPANY(TCCC) filed an opposition against the granting of the claimed trademark, alleging that the trademark application could not be registered because of its visual similarity with their previously registered trademarks for the protection of products under Class 32 of the Nice Classification. Specifically, the opponent stated that the trademark application CUKOLA used the letter font “Spencerian script”, which had been used in the TCCC trademarks since its creation in the 19th century.
The SIC, after considering the opposition filed by the TCCC and the corresponding response by PET DEL CARIBE S.A., rejected the trademark application CUKOLA stating that it could be easily confused with the TCCC trademarks, due to their visual and phonetical similarity.
With this decision, which is currently pending an appeal filed by PET DEL CARIBE S.A., the SIC has protected the distinctiveness of the COCA COLA trademark.
Shortly before the start of the 2015 Copa America football tournament, the Colombian PTO (SIC) rejected the trademark application “Mibalón de fútbol” (My football) filed by María Lucero Marín Ramírez under Class 25 of the Nice Classification (clothing, footwear and headgear), due to its similarity with a trademark owned by the Colombian Football Federation (FCF).
After an application for the trademark “Mibalón de fútbol”, which comprises both graphic and nominative elements (mixed trademark), the FCF filed an opposition against the granting of the claimed trademark, alleging that the trademark application could not be registered according to Art 136 of the CAN Decision 486 (the Andean Common Intellectual Property Regime).This article establishes that trademarks that are identical or similar to one previously registered, cannot be registered.The FCF owns the mixed trademark “Federación Colombiana de Fútbol” (Colombian Football Federation) in Class 25 of the Nice Classification.
Finally, after Marín Ramírez did not respond to the opposition filed by FCF, the SIC rejected the trademark application stating that it reproduced the same graphic element (a football) of the trademark previously registered by the FCF. The SIC added that, since the additional elements of the applied trademark are not prevailing,this would cause consumers to be confused and associate both trademarks as belonging to the same company.
Through resolution N° 11725, the Colombian trademark office extended the special protection to trademark “JET” as still being a well-known mark in the local market. “COMPAÑIA NACIONAL DE CHOCOLATES S.A.” owned the trademark “JET” which identifies chocolates and is a very familiar mark for local consumers.
“COMPAÑIA NACIONAL DE CHOCOLATES S.A.” lodged an opposition against the application “CHOCOYETA” requested by the company COMERCIALIZADORA SEUL. The opposition was based on the high risk of confusion between the trademarks “CHOCOYETA” and “JET.”
The local PTO denied registry for the trademark “CHOCOYETA” because of the fact that “JET” is a well-known mark in the local market.
Source: http://www.sic.gov.coRead More