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Sunday, 12 December 2010

Colombia: BOGOTA ES MAS (+), la nueva marca ciudad de Bogotá.

Natalia Franco Onofre December 12, 2010 2 comments:

Siguiendo con la entrada del pasado 16 de septiembre de 2020 me complace informar que Bogotá D.C., está estrenando su nueva marca ciudad BOGOTA ES MAS (+). Tras la convocatoria liderada por la Alcaldía Mayor y el Instituto Distrital de Turismo de Bogotá mediante la que se buscaba la participación de los capitalinos en la construcción de una nueva marca ciudad, la agencia Misty Wells & Zea ganó el concurso con la creación de la marca mixta BOGOTA ES MAS (+).

BOGOTA ES MAS (+) se estrenará en Campeonato Mundial FIFA Sub-20 del cual Bogotá será sede anfitriona de 10 partidos, incluida la final.

La marca surgió como resultado de la intensión de trasmitir la idea de que Bogotá es la sumatoria de varios atributos y fortalezas. Ahora la estrategia se centrará en el posicionamiento de la marca. El reto está en destacar todas las cualidades que tiene Bogotá con el fin de proyectar una nueva y mejor imagen a nivel internacional, lo que se pretende es que BOGOTA ES MAS (+) sea no sólo un elemento de las campañas promocionales de la ciudad como destino turístico sino también un incentivo para que lo Bogotanos tomemos conciencia de la necesidad de prepararnos para ser buenos anfitriones en el Mundial.

Teniendo en cuenta lo anterior ciudades como Cartagena y Medellín también están trabajando en su marca ciudad con el fin de crear signos y símbolos que atraigan aún mas el turismo y la inversión y que contribuyan a la mejora de la imagen de nuestro país en el exterior.

Colombia celebrates book fair in all shapes

Patricia Covarrubia May 04, 2011 No comments:

Today, 4th May, opens the 24th International Book Fair of Bogota, in Colombia. To mark this event, there will be a seminar entitled ‘The market for copyright licensing in the Digital Environment ’, which is taken place until Friday 6 May between 8:30 to 13:00 at Sala Porfirio Barba Jacob de CORFERIAS in Bogota city.

The advert for this academic event asserts that this is an “opportunity to make a reflection of the economic challenges that digital copyright has”, and also to make the market aware of “the explotation of works, emerging trends in online content licensing, legal and practical aspects of licensing of digital applications and the importance of collective management in the digital environment.”

The event appears to be a the perfect time since last month this blog brought you the news regarding a Colombian bill that intent to regulate the responsibility for breaches of copyright and related right in internet.

For more info click here and here.

An illegal whisky gives you more than a dishonest hangover

Patricia Covarrubia December 14, 2009 No comments:

Bogota, Colombia: el tiempo newspaper reports that yesterday about 1,000 counterfeited bottles of whisky were found in a house. The bottles are said to be from well-known foreign trade marks. According to preliminary investigations, the bottles are original and were purchased in recycling centres. Moreover, it is explained that the seals and labels are not original, but are pretty similar. This, according to officials, will make it more difficult to find any of these illegal bottles that may already be in the market.

The building was closed by the Metropolitan Police of Bogota and two people were arrested in the raid. The authorities recommend users to buy liquor in chain stores and recognised places, to also review very well the stamps and labels, and any symptoms other than the normal hangover to go to the nearest health centre!

I wonder if the recycling centre has committed any crime. At the end, their business is to recycle so, what do they do with the products? Do they washed and put it again in the market?

A few days back, I reported in this blog a measure taken by the INDECOPI. This involved the recycling of bottles and packages for medicines in Peru; the intention was to stop people reusing these materials and therefore stopping potential counterfeit medicines. This practice is well known in Latin America, to reuse original packaging. I therefore propose that authorities must start working to build certain policies where recycling companies need to take responsibility – just a thought.

Use on related goods may save registered mark from partial cancellation, rules Colombian court

Jeremy June 02, 2015 No comments:

In January of this year the Colombian Council of State, reversing a decision of the Superintendencia de Industria y Comercio, held that the use of a trade mark in connection with related goods is a valid ground on which to resist an application to cancel, in whole or in part, that mark's registration.

In this case Museo El Turron sought partial cancellation of the registration of El Lobos's trade mark EL LOBOS, which was initially registered for all products in Class 30, based on non-use. The application was upheld and the registration confined to sugar, flavour, yeast and baking-powder -- for which use of the mark was proved. El Lobos sought to have this decision annulled on the basis that the goods excluded from the trade mark registration were competitively connected to those goods for which use was proven.

Following a request to the Andean Community Tribunal of Justice for a preliminary ruling on the interpretation of the applicable law, the Council of State held that, where the related goods for which use is proved have the same purpose as the excluded goods and are foodstuffs of plant origin prepared for consumption or conservation and marketed in the same channels, partial cancellation should not be ordered.

Source: "COLOMBIA: Use of Related Products Prevents Cancellation" by Jorge Chávarro (Cavelier Abogados, Bogota, Colombia), verified by Danilo Romero (Romero Raad Abogados, Bogota, Colombia), INTA Bulletin, 1 June, vol.70l no.10

Latin America Chambers of Commerce integrate cultural and creative sectors in their agenda

Patricia Covarrubia April 03, 2014 No comments:

Chamber of Commerce of Latin America signed a memorandum of understanding to promote the Pacific Alliance in the business sector.

The Colombian Chamber of Commerce of Bogota (CCB) informs that the agreement was signed between the Chambers of Commerce of Bogota (Colombia), Mexico City (Mexico) and Santiago de Chile (Chile) to promote exchange of knowledge, networking, participation in tenders, best business practices, trade relations and promoting the image of the region.

Accordingly, the memorandum of understanding contemplates three key areas:
1. - Awareness and information for entrepreneurs, through international forums held in each country of the Pacific Alliance.
2.-Training programs regarding public procurement -- business placed in one of the Alliance members to participate in tenders.
3. - In terms of attracting investment it will undertake workshops to enhance the ‘Region’s Mark’. The Chambers of Commerce will unite to ensure permanent support to entrepreneurs through programs and projects that are managed by the agreement.

Moreover, the CCB informs that an element incorporated into the framework agreement was the Cultural and Creative Industries sectors, affirming that internationally these sectors do have much higher rates of growth than that of traditional sectors. Cultural and Creative industries “add economic and social value to nations and individuals, do constitute a form of knowledge that translates into jobs and wealth , and use creativity - the ‘raw material’ - to encourage innovation in production and marketing processes .”

Finally, the Pacific Alliance will offer opportunities of production to Colombia, Mexico, Peru and Chile, offering competitive products and will open the Asian market through existing agreements.

Source Cámara de Comercio.

Colombian trade marks just got a little slower ...

Jeremy December 08, 2008 No comments:

A decision of the Colombian Trade Mark Office on 16 October 16 means that the Office will now wait a minimum of six months from the filing date of a trade mark application before deciding upon its fate. This period corresponds to the term granted within which third parties may file applications for registration claiming priority from applications filed in another country -- but the office will wait for a minimum of six months even where the application has been published and no opposition has been filed. This approach is derived from the Office's interpretation of Article 9 of Andean Community Decision 486 on a Common Industrial Property Regime.

Source: article in World Trademark Report by Margarita Castellanos (Castellanos & Co, Bogota).

Colombia: Register your trade mark, do not lose your business!

Patricia Covarrubia July 19, 2010 No comments:

Todays headline refers to the slogan that the Superintendence of Industry and Commerce (SIC) has been using to promote the registration of trade marks. The campaign is directed to small businesses and entrepreneurs and it has been running since early this year. Basically the campaign not only encourages businesses to protect their trade marks and thus making them aware to the benefits of registering the mark and the risks involved if they do not do so, but also offers special discount of 25 percent for the registration of its mark – adding a 5% discount if the registration of the mark is made online.

The SIC webpage announces that due to the positive impact of the campaign and at the request of the chambers of commerce, the SIC extended the deadline until 31 December.

The SIC together with Chambers of Commerce, the mayor of Bogota and ACOPI, has trained over 400 entrepreneurs in the second quarter of this year. The main target is clarification between registering a business in the chambers of commerce and registering a trade mark at the SIC. While registering a business will demonstrate publicly the owner as a trader and its type of business, it does not protect its trade mark. The note continues to said that “if your trade mark is not recorded at the SIC, it does not exist”.

While I can pass judgement on this last sentence by saying that a trade mark which is not registered can still be protected under unfair competition laws (I cannot said that it is as easy and smooth process; on the contrary, it is a long, costly and tedious one) the campaign is a truthful one. Small businesses need to be aware that by just registering their businesses with a chosen trade name, it is not the same as registering and protecting a trade mark. For that reason, I can see that the campaign tries to illustrate entrepreneurs in a logical manner. That said, I cannot disapprove of the movement but on the contrary, praise it.

Colombia's coffee: well-known indeed

Patricia Covarrubia August 04, 2014 No comments:

From Colombia we heard that a court declared 'Juan Valdez' and its logo as a well- known mark.

The court’s decision was handed down in an infringement of industrial property rights brought by Cafeteros de Colombia vs. Bamboo & Cafe Ltds. The delegation for the Superintendency of Industry and Commerce (SIC), by judicial judgement held that the use of the words 'Juvenal Valdez' by the business Bamboo & Cafe Ltd in Bogota, infringed the Federacion Nacional de Cafeteros de Colombia’s trade mark i.e. 'Juan Valdez'. The shop was selling coffee based beverages. By the same token, SIC recognized the famous brand and its logo as notorious mark.

Source www.cablenoticias.tv

In support of the application, the Federacion Nacional de Cafeteros de Colombia submitted and attested the ownership of different marks regarding 'Juan Valdez' and its traditional logo (mixed and figurative marks), which are all duly protected by the respective trade mark titles granted by the Superintendency of Industry and Trade.

SIC considered that the use of ‘Juvenal Valdez’ could generate likelihood of confusion between such establishment and Juan Valdez' shops; not only by the grammatical similarity between the names, but also because the similar font used by the defendant. Consequently, SIC ordered Bamboo & Cafe Ltda to refrain from identifying its products and services with the said terms. It noted that the restriction extends to the use of the term in all kinds of advertising, stationery and any other use that could be put to for the development of its business.

Source SIC.

DELL establishes notoriety of reputation in Colombia opposition proceedings

Jeremy July 30, 2012 No comments:

The Colombian Trade Mark Office, in deciding on the registrability of the trade mark DELL for furniture in Class 20 of the Nice Classification, declared that the DELL mark was a 'notorious mark' that belonged to the US-based Dell Inc, and not to the trade mark applicant. This mark, said the office, was highly distinctive in the Colombian market for Dell's computer and technology products.

Dell sought a declaration of notoriety for its DELL mark in opposition proceedings against a Panamanian company's application to register the identical mark. To support its claim, Dell filed evidence regarding the sale and advertising of products sold under the DELL mark, in order to demonstrate the public's awareness of DELL-branded products within the relevant markets in the Colombian territory.

Having reached its conclusion, the Office added that:

the presence of the DELL mark in several publications -- whether general or specialised -- demonstrated the significance of the mark in connection with computer products; and

market studies showed that the DELL mark was the fourth most recognised mark on a national level.

All these findings were definite indicators of the positioning and reputation of the trade mark DELL in connection with computer and technology products.

Source: "DELL mark held to be notorious" by Fernando Triana and Grace Sutachan (Triana Uribe & Michelsen, Bogota), World Trademark Review, 26 July 2012

Hilton Latin America brand strategy: sound English

Jeremy November 04, 2008 No comments:

A short while back, IP Tango reported on the expansion of the Hilton Garden Inn franchise into Costa Rica. It now seems that this was not an isolated brand expansion but part of a wider strategy. In "Hilton Gets Aggressive in the Caribbean and South America" by William Ng, the author writes:

"Hilton Hotels plans to quadruple its presence in the Caribbean and Latin America by adding 150 properties over the next five years. The company currently has 51 properties in the region, with 42 more in the development pipeline, but it is looking to ramp up.
... Hilton is banking on success in the region through brand mixture.
The comprehensive plan targets four areas: Caribbean, Mexico, Central America, and South America. In the Caribbean, Hilton said growth will be through slotting "focused-service" brands Hilton Garden Inn and Hampton Inn at commercial centers like San Juan, Trinidad, and Nassau, as well as through implementing luxury properties at high-end mixed-use developments in the Turks and Caicos, Lesser Antilles, and Bahamas. .... 17 properties will be introduced in the region through 2013.
In Mexico, Hilton's existing portfolio count is 19, and it will add 60 more throughout the country, covering large, capital, industrial, and border cities in 31 states. Hampton and Homewood Suites will be in play particularly; 20 now in the pipeline include Homewood hotels in Monterrey, and Hamptons in Guadalajara, Los Cabos, Cancun, and Tulum.
Hilton's strategy in the nascent Central American market, where it has seven hotels, will be to add 23 mostly Hampton and Hilton Garden Inn lodgings. The hotelier wants to forge alliances with local developers on multi-property deals in the region's big locations, namely Liberia, Panama, Leon, Nicaragua, and Costa Rica—where it recently debuted three hotels and resorts. But there also are upper-end market developments: a Conrad in Honduras, a Doubletree in Panama, and an Embassy Suites in Costa Rica.
Brazil, due to its "size and strength," is the linchpin in Hilton's South America eye. The company's regional headquarters is in Sao Paulo, and it will focus on that city, plus Rio de Janeiro and secondary cities such as Brasilia. Hotels in gateways Buenos Aires, Santiago (Chile), Lima (Peru), Bogota (Colombia), and Caracas (Venezuela) are planned. There will be 50 introductions on the continent.Initially, development will be concentrated on Hilton Garden Inns and Doubletrees, in mid-market and conversion opportunities. ...".

Branding and marketing experts may wish to make their own assessments of the Hilton strategy and forecast its likely outcome. One thing is notable, however: Hilton's brands are all English-language and would appear to be addressed to the Anglophone traveller or tourist. In how many sectors other than the hotel sector can successful branding be made to depend on ignoring the local element of the market?

Colombia regulates use of trade mark symbol

Jeremy June 30, 2008 No comments:

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.

IP for innovation and health: a forthcoming event

Jeremy September 17, 2014 No comments:

IP Tango learns that on 16 and 17 October 2014, the Association of Intellectual Property is holding its 5th Latin American Seminar, "The Value of IP for Innovation and Health", with the the participation of academics, officials, experts and judges from many Latin American countries.

The venue chosen for this year's event is the Universidad del Externado, Bogota, Colombia, whose Departamento de la Propiedad Intelectual has a Boletín virtual for which the relevant website is here.

Anyone interested in attending this event is advised to contact the coordinator, Felix Rozanski, by email at propintel@uexternado.edu.co for further information.

Colombia changes trade name deposit requirements

Jeremy October 10, 2008 No comments:

Opinion 08048285 of 20 June 2008 of the Colombian Trademark Office amends its practice with regard to the deposit of trade names. Previously, trade names deposited before the coming into force of Andean Pact Decision 486 had to be renewed 10 years after the date of entry into force of the decision (ie by 1 December 2010) while trade names deposited thereafter had to be renewed 10 years after the date of the deposit, under Article 196 of the decision. The Opinion of 20 June removes the requirement to renew the deposit of trade names, and deposits will remain valid indefinitely.

Source: article in World Trademark Report by Margarita Castellanos (Castellanos & Co, Bogota).

Marca turística para la Ciudad de México.

Gilberto Macias (@gmaciasb) September 11, 2008 2 comments:

El gobierno de la Ciudad de México lanzó un concurso internacional a través de Internet para dotar a la capital mexicana de una marca turística con la que sea identificada en el extranjero.

Debido a que en la actualidad la Ciudad de México es conocida a nivel internacional por la inseguridad que en ella se registra, la Secretaría de Turismo del Distrito Federal en coordinación con organismos empresariales, lanzó la convocatoria para el diseño de la marca de la ciudad. El propósito es dar hacia el exterior una imagen positiva, revertir los efectos de las noticias sobre inseguridad, y posicionar a la capital del país en el ramo turístico y de servicios, que en la actualidad representa 70% de su vocación.

El turismo está entre las cuatro principales actividades económicas de Ciudad de México, que acoge cada año en sus hoteles a 12 millones de turistas.

La convocatoria estará abierta hasta el 29 se septiembre. La intención del gobierno capitalino es cambiar la imagen de la ciudad como hicieron anteriormente las ciudades de Nueva York (“I Love NY”) y Bogota (“y tú ¿qué sabes de Bogotá?").

Colombia trade mark registration keeps getting speedier

Jeremy October 20, 2014 No comments:

At the end of September Natalia Franco Onofre posted the good news on IP Tango that trade mark registration in Colombia was now taking place more swiftly, with registration in six months becoming a reality. It now seems that, following implementation by the Colombia Trade Mark Office of Administrative Resolution 48348, the average time for registration has dropped to four months. This is clearly good news for trade mark applicants.

Source: "COLOMBIA: Trademark Registration Now Takes As Little As Four Months" by Jorge Chávarro (Cavelier Abogados, Bogota), published in the INTA Bulletin, October 15, 2014, Vol. 69, No. 19.

The Madrid Protocol in Latin America: Is Colombia changing business strategies or acting as a guinea pig?

Patricia Covarrubia January 07, 2013 No comments:

The most recent issue of the European Intellectual Property Review (EIPR) i.e. January, 2013 Vol 35 No 1, brings us an article which aims to “analyse the consequences of Colombia’s accession to the Madrid Protocol, a system which grants an international trade mark with the filing of one application only: the central question is whether Colombia’s accession will produce a “snowball effect” in Latin America.”

In fact, the question appears to be already answered since Mexico, as previously reported here, is now also part of this protocol.

The article's title is the heading of this post and is written by Andres Echeverri Uribe, Organizacion Corona, Bogota, and I. While the article embarks on studying the advantages and disadvantages of accession for the Colombia’s market in an era of globalization, it also explores the reality of its own small and medium enterprises (SMEs) when trade mark is at issue.

The article can be accessed through Westlaw or Lawtel.

FINESSE, MEN's FITNESS confusingly similar, rules Colombia Council

Jeremy October 16, 2008 No comments:

Mariz Gestao e Investimentos Limitada sought to register the words MEN'S FITNESS as a trade mark for goods in Class 25. Colombian company Alpina Productos Alimenticios SA opposed, saying that mark was confusingly similar to its earlier FINESSE registered trade mark for goods in Class 29. The Colombian Trade Mark Office dismissed the opposition and allowed the registration. Alpina then filed an action for the cancellation of MEN'S FITNESS before the Colombian Council of State, pleading both likelihood of confusion and that its FINESSE mark was well known.

The Council of State found that Alpina's FINESSE mark was a well-known trade mark under Andean Community Decision 486, confirming that it was thus entitled to a special degree of protection. It then assessed the risk of confusion, holding the marks to be confusingly similar from visual, phonetic and conceptual points of view: if both marks were used concurrently on the market under equal conditions, consumers would be confused as to the origin of the goods.

The Council added that, according to a pre-judicial interpretation issued by the Tribunal of Justice of the Andean Community, confusion is likely to result from the "joint and synchronized impressions created by the marks" especially since, in assessing the likelihood of confusion, their similarities rather than their differences should be taken into account. Taking this into account, MEN'S FITNESS was invalid.

[source: Fernando Triana, Triana Uribe & Michelsen, Bogota, writing in World Trademark Report]

Colombia passes law to comply with TLT

Jeremy February 14, 2012 No comments:

IP Tango learns that the Colombian government has issued a new piece of legislation, Decree 19 of 10 January 2012, which seeks to remove unnecessary administrative formalities from the trade mark application process and to make proceedings more efficient.

The new decree, which implements provisions of the Trademark Law Treaty (TLT), contains, among other things, the following provisions:

Apart from the renunciation of rights, no party may require the attestation, authentication, legalisation or other certification of any signatures in documents filed with the Trade Mark Office.
It is no longer necessary for an applicant to prove its legal existence and representation.
Powers of attorney no longer need be notarised -- and they can refer to one or more proceedings.
Applicants can now file multi-class applications.

Official rules for implementing these provisions are currently being prepared.

Source: Margarita Castellanos (Castellanos & Co, Bogota), writing for World Trademark Review

Colombia slashes official fees, assists local artisans and SMEs

Jeremy January 28, 2013 No comments:

As a result of Colombia's programme of 'democratisation of industrial property', the country's National Patent and Trade Mark Office has issued a new table of reduced official fees. This reduction was effected via a resolution which entered into force on 1 January 2013. According to our source:

Colombian artisans will benefit the most, with a 90% reduction in trademark application fees. Micro and small Colombian companies will benefit from a 40% reduction in official fees for the registration of product and service marks.

The decision to reduce official fees follows studies carried out by the National Patent and Trademark Office, which determined that Colombia was among the four most expensive countries among a group of 50 countries, including European, Latin-American, Asiatic and Middle Eastern countries [it would be good to know the reasoning of the study: countries do not compete with one another in terms of price competition for national trade mark registrations. Is there evidence that the fees constitute a deterrent to obtaining protection? It is usually a lot cheaper to register a trade mark -- even in an "expensive" country -- than it is to litigate it once you have got it].

Foreign applicants will also benefit from the reduction in official fees, mainly with regard to the filing of additional classes within a multiclass application, which will be 50% cheaper than the regular trademark application fee. The official fee for the renewal of trademark registrations has also been reduced by half compared to last year’s tariff, making the maintenance of trademarks a less expensive exercise....

Source: "National Patent and Trademark Office reduces official fees by up to 90%", written by Margarita Castellanos, Castellanos & Co, Bogota, for World Trademark Review, 25 January 2013.