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Intellectual Property Bulletin

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BOLIVIA, COLOMBIA, ECUADOR AND PERU

THE TRADEMARK OFFICE MAY NOT ACCEPT TRADEMARK COEXISTENCE AGREEMENTS
Trademark coexistence agreements are intended to allow the coexistence of potentially confusing trademarks in the market without infringing third parties’ IP rights. However, it is not mandatory for the Trademark Office to accept them, since this entity must protect, above all, the consumer public from being confused.

BOLIVIA, COLOMBIA, ECUADOR AND PERU

IN ORDER FOR A “FAMILY OF TRADEMARKS” TO EXIST, THE COMMON TERM MUST BE APPROPRIABLE
The figure of the “trademark family” should be differentiated from the situation where there are several trademarks formed by a term of common use.

BOLIVIA, COLOMBIA, ECUADOR AND PERU

ABANDONMENT OF A PATENT DUE TO LACK OF PAYMENT OF ANNUITIES PROCEEDS WITHOUT REQUIRING NOTICE
The expiration of a patent due to lack of payment of the maintenance fees does not require for the Patent Office to serve notice to the owner requesting the payment of the annuity.

BOLIVIA, COLOMBIA, ECUADOR AND PERU

SYSTEMS ACCEPTED TO INDICATE COLOR IN TRADEMARK APPLICATIONS
Trademark applications claiming colors shall clearly indicate this fact and the color must be described using one of three systems: PANTONE, RBG or RAL.

BRAZIL

DECLARATION OF A TRADEMARK’S WELL-KNOWN STATUS MAY BE SPECIFICALLY AND AUTONOMOUSLY REQUESTED
The new procedure for declaring trademark’s well-known status allows requesting this declaration directly to the Trademark Office through a specific and autonomous declaration, not within an opposition process.