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Intellectual Property Bulletin

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COLOMBIA

ISSUANCE OF RESOLUTION NO. 75248 OF 2017 THROUGH WHICH THE “CIRCULAR ÚNICA” IS MODIFIED

The Colombian Trademark Office issued Resolution No. 75348 of 2017, by means of which modified numeral 6.2.2 of the Sixth Chapter of Title X of the “Circular Única” in regards to the trademark’s registration term granted in Colombia.

 

The mentioned entity indicates that by virtue of Decision 486 of 2000 of the Commission of the Andean Community, the trademark registrations granted by the Colombian Trademark Office will be in force for a ten year period counted from the date on which the administrative act granting the registration is firm and final.

Therefore, in order to calculate the term within which the holder can request the renewal, the same must take into consideration the granting resolution date as indicated above.

Please find an example for the following cases below:

  • If no appeal is filed against the granting resolution, the term taken into account begins from the business day following its notification.
  • If an appeal is filed against the granting resolution, the term taken into account will begin from the business day following the notification of the final decision regarding the appeal filed.
  • If no appeal is filed against the granting resolution, the term taken into account will begin from the business day following the expiration of the term to file the appeal.
  • If the appeal is withdrawn, the term taken into account will begin from the business day following the notification of the acceptance of the withdrawal.
  • If the granting resolution is issued without oppositions and the waiver of terms is requested, the term taken into account will begin from the business day following the filing of the waiver request.