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Intellectual Property Bulletin

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COLOMBIA

PROTECTION OF RIGHTS OF PROMINENT FIGURES TO DENY TRADEMARK REGISTRATIONS

The Trademark Office has recently protected the rights of prominent figures and denied the registration of trademarks filed by third parties which according to said entity could affect them and mislead consumers

 

Even though no oppositions have been filed, registration has been denied arguing that personalities have not consented registration and their authorization has been required in order to allow registration.

The Trademark Office considers that it must adopt all necessary measures to protect their names or pseudonyms since they define them in our social environment and are one of the attributes of their personality.

It also stated that risk of confusion or association increases in these cases since public figures tend to offer their goods and services to consumers directly through in the digital world, especially in social media, and not only through traditional advertising and sales channels.

Among recent denials we can highlight Resolution No. 63189 of 2017 by means of which registration for trademark GIRL MAIA was denied for clothing in order to protect the most distinctive element, identity and prestige of the singer Maia. Likewise, Resolution No. 70576 of 2017 denied the registration for trademark CURE BY CHIARA for cosmetics due to the existence of Chiara Ferragni, fashion businesswoman, consultant for reputed trademarks and blogger.