Now that Colombia is set to implement its IP regulations with WIPO's Trademark Law Treaty and Madrid Protocol, the trademark office is forced to adopt trends and set guidelines in a difficult environment.
Many trademarks have to coexist and their holders are trying to register marks when few possibilities for registration exist and, to make matters worse, registrations that were acquired under the prior system were allowed to cover full-class headings.
It is essential that trademark owners refine their trademark registration strategies to accommodate these new issues in Colombia. In particular, close attention must be paid to the specificity of products, mode of use, product relation, notoriety and public order matters.
Trademark owners must also bear in mind the trademark examiner’s awareness that trademark protection has to be narrowed with eff ective use and limited to the products and/or services that are eff ectively being used.
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Trademark cancellation, Colombia, CTO