Colombia

COLOMBIA Decision 486 of the Cartagena Agreement Commission ("Decision"), subrogates Decision 344, and substitutes the Common Regime on Industrial Property of member countries of the Andean Community of Nations. The Decision is in line with TRIPS, and introduces important modifications for the adequate protection of industrial property rights.

PATENTS

INDUSTRIAL DESIGNS

The prohibition to register industrial designs regarding clothing was eliminated. They can now be registered. The term of enforcement of registration was extended from 8 to 10 years.

TRADEMARKS

The new Decision considers that a Trademark is any distinctive sign subject to graphic representation. The following signs can be a trademark:

words
images, symbols, graphics, photographs, emblems, shields
sounds or odors
letters and numbers
color framed by a shape or combination of colors
the form of products, their containers or packing
any combination of signs or media indicated in any of the above

The Decision established the prohibition to register trademarks that are identical or similar to a distinctive sign of a third party, when its use can originate a risk of confusion or association.

Descriptive or generic expressions, common or usual wording, or a color considered individually, without being framed within specific shape, may be registered upon showing of "second meaning" (i.e., the expression has become distinctive).

Trademarks may be canceled based on non-use, or when it has become generic as to the goods or services it was registered.

TRADE NAMES

Trade names are protected (and registrable) since the first time the name is used in trade. However, such registration does not grant an exclusive right, but is merely for information purposes. Such registration will be valid for 10 years.