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COLOMBIA

THE EVIDENCE OF NON-USE OF A TRADEMARK MUST BE PROVEN BY ITS APPLICANT

By means of Resolution No. 22286 of April 28th 2016 the Colombian Trademark Office confirmed that justified non-use of a trademark must be proven by its applicant.

 

By the means of Resolution No. 22286 of April 28th 2016 the Colombian Trademark Office confirmed that while it is true that there are some scenarios in which not using a trademark is justifiable, it clarified that this type of situations must not only be stated by the applicant whose trademark is being canceled, but that such cases must also be proven by said applicant.

In that order, the Colombian Trademark Office confirmed that the even though the trademark owner that was subject to cancellation for non-use can defend the cancellation action alleging that there was an external reason that did not allow him to use it (for example, a legal ban import or other examples of acts of God or force majeure), such statements must be duly substantiated on the record or otherwise will not be taken into account.