Starting 2021, we highlight what may possibly has been the most valuable shift that 2020 brought us regarding trademark regulations in our country.
By means of the Resolution No. 59671, the Colombian Trademark Office -Superintendence of Industry and Commerce- issued new regulations for color claims and graphic representations of nontraditional trademarks, amongst other modifications concerning fees, commercial trade names, renewals, cancellation, and withdrawals, which will not be discussed herein.
When claiming color as a distinctive feature of a mark, it must be accurately declared by indicating the identification code (Pantone, Focoltone, or RGB—or similar international references) for each of the colors claimed. References to the colors in the signs themselves are no longer allowed. If color is not claimed, a black and white depiction of the design must be provided.
Furthermore, graphic representations of color marks and color combinations must be precise and unambiguous in the trademark application, submitting in both cases the requested colors and their exact identification code. A graphic representation that displays the combination in cases of color blends must be also provided.
In regards to sound marks, the application must include the sound mark’s description through a musical notation, musical partiture, or sonograms alongside an audio file which plays the sound.
Concerning position marks, the graphic representation must be a single view, where the orientation, size, location, and proportion of the mark are exhibited on the surface on which it will be applied. The surface must be clearly indicated by a dotted line.
Finally, the graphic representation of animated marks must be in a document containing the sequence of movements represented in set images. On top of this, a GIF file of a soundless, animated playback that visualizes the sequence must be submitted together with the application.
2020 was, undoubtedly, a challenging year in terms of trademarks and Industrial Property in general. However, paradoxically, it has been one of the years with the most tangible advances in the development of the entity, as well as in the virtual platform SIPI, which included a considerable increase in trademark applications and patents, not seen in previous years.
Thus, the new regulations promise to further optimize the registration process of distinctive signs, for which our team will be working hand in hand with the new advances that 2021 brings.