Colombia Update: Industrial Property Offices launch protocol for managing cases with Andean Opposition

Andean Opposition, created as a tool to defend trademark rights in the sub-regional market, has been in place for over 20 years but still faces some problems in its application, due to poor communication among the Offices, which leads to delays in decisions and uncertainty for applicants and opponents.

The main cause of delays in resolving matters with Opposition is that Andean regulations require that when opposition is based on a prior pending application, the study must always be suspended until the trademark registration underlying the opposition is defined in the other country. This has resulted in practice suspensions of proceedings and delays in decisions.

For this reason, the Offices of Colombia, Peru, and Ecuador, in order to solve communication problems, delays in decisions, and encourage the use of Andean Opposition, adopted the “Protocol for the management of cases with Andean Opposition” on March 1, 2023.

With the implementation of this Protocol, there will be a permanent link within each Office responsible for managing, communicating, and promoting case decisions, with short response times. Thus, each time a case of Andean Opposition arises, the designated links will communicate to request and share information and promote trademark management.

It should be noted that quarterly reports will be generated with information on the progress of cases, and definitive substantive decisions will be shared when issued.

In conclusion, with the implementation of this Protocol, Andean oppositions will now have preferential processing, improving decision times, which represents certainty and benefits for trademark holders and opponents, as having a designated liaison person responsible for informing and managing proceedings will also contribute to communication with applicants.

By LLOREDA CAMACHO & CO, Colombia, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact colombia@transatlanticlaw.com 

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