Colombia Update: The care of trademarks in the enforcement of consumer rights

Undoubtedly, two areas of law that in principle could be thought not to have convergence at first glance, are Industrial Property and Consumer Law, since the first seeks the recognition of the intellectual rights of entrepreneurs on their innovative and commercial activity, that is, its trademarks, patents and industrial designs; and the second, seeks to protect the rights of consumers in their purchasing decisions through clear information, honest advertising and product safety, among other aspects.

However, from a business and market perspective, a convergence between these two disciplines can be noticed, represented especially in the duty of entrepreneurs to respect the rights of consumers and protect them from deception, and this is done through the functions for which trademarks are conceived and protected.

Trademarks as a means of consumer protection have the function of being indicators of the business origin, the quality of the products and services they identify; They consolidate the reputation of its owner and fulfill a very important function, which is to serve as a means of information and advertising to guide the purchasing decisions of consumers.

In the application of the provisions of Industrial Property, trademarks protected before the Superintendence of Industry and Commerce, upon passing the examination of the substantial requirements for their protection, including that of not deceiving the commercial media or the public as to the origin, nature, method of manufacture, characteristics, qualities or fitness for use, They become true means of information of the business origin, represent the values of the entrepreneur and become the most important patrimonial asset of a company, thanks to the recognition and preference among consumers.

However, from the perspective of consumer law, receiving clear, complete, truthful, timely and verifiable information about the products or services that are purchased, is a mandate of the Consumer Statute and obliges entrepreneurs, not only to supply it under the conditions indicated, but also imposes the must use their trademarks very carefully and responsibly, avoiding that the most important business asset, the registered trademark, is associated with conduct aimed at misleading or deceiving consumers about the quality or characteristics of the goods or services obtained and is associated with investigations and administrative sanctions or lawsuits, which would ultimately end up affecting the reputation, recognition and good name of the brand, causing the entrepreneur to lose customers, market and reducing the commercial value of industrial property.

This right to receive information reaches great relevance when it comes to electronic media and entrepreneurs who participate in electronic commerce with their brands either through contact portals or platforms, must adequately serve the interests of consumers, act in good faith, with honest market practices in order to gain consumer confidence, Transmit their business values and strengthen their brands.

Trademark owners who use e-commerce in Colombia can ensure their business success by providing consumers with access to information about the business; sufficient product information to enable them to make informed decisions and transaction information. This can build consumer confidence and strengthen industrial property.

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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