Monday, 30 June 2008
Writing in the subscription-based World Trademark Report, Colombian lawyer Margarita Castellanos (Castellanos & Co, Bogota) discusses a 12 March 2008 opinion issued by the Colombian Trade Mark Office on the use of the ® symbol. Andean Community Decision 486 contains no specific rules on the use of the ® symbol. However, in keeping with the terms of Colombia's Constitutional commitments, the Trademark Office all information provided to consumers with regard to goods and services - including the use of the ® symbol - must be true, demonstrable and appropriate and non-misleading. Use of that symbol in respect of goods or services for which a mark bearing that symbol has not been registered will be rendered unlawful and any party will be able to initiate proceedings in respect of that wrongful use.