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26 April 2021
How to claim colours within a trademark application is an area that has undergone many changes in Colombian prosecution practice.
Nevertheless, in a recent resolution (Resolution 59671 of 25 September 2020), the Trademark and Patent Office finally set out clear regulations on how to proceed.
A claim of colours defines a trademark's scope of protection. If the trademark is registered in black and white, there will be no protection over the colours, but the use of the trademark in any colour or colour combination will constitute suitable proof of use in case of a cancellation action.
Therefore, whether colours are or are not claimed within a trademark application and the manner in which they are claimed is important in terms of the use and scope of protection of the trademark.
With its recent resolution, the Trademark and Patent Office established the following simple rules to be followed when filing an application:
In conclusion, where an applicant wants to claim only basic colours within a label, it must indicate that it wishes to make a claim of colours in the application form and provide the general name of the colours which appear on the label. If the applicant's intention is to acquire protection over specific colours within the label, beyond the generic colour name, it must use an international identification colour code. If no colours are to be claimed, the label to be filed as part of the application must be in black and white.
This regulation change took effect on 5 April 2021.
For further information on this topic please contact Margarita Castellanos at Castellanos & Co by telephone (+57 1 756 0770) or email (email@example.com). The Castellanos & Co website can be accessed at www.castellanosyco.co.
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