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Intellectual Property Bulletin

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COLOMBIA

PROHIBITION OF REGISTERING THE NAMES, WORDS, CHARACTERS OR SIGNS OF INDIGENOUS COMMUNITIES AS TRADEMARKS

The Colombian Trademark Office protected the pre-Columbian figure of the “jaguar man”, symbol of the indigenous culture Tolima, reminding that the registration of these type of signs as trademarks, as well as the names, words, characters or any other element that constitutes the expression of the culture of an indigenous community may only be registered in the name of the community to which they belong or with its consent.

  

The above, deciding to deny registration for trademark AESCO COLOMBIA & Design in class 45, considering that it included a very similar image to the above mentioned pre-Columbian figure.

The prohibition is set forth in literal g) of Article 136 of Decision 486 and was established in order to protect the traditions and beliefs of indigenous, Afro-American and local communities, or that belong to their folklore, avoiding their appropriation by third parties.