Granting

The Colombian Trademark Office recently introduced the possibility of applying for the acceleration of the registration process of a trademark or slogan so that thereof is decided within six (6) months. For that effect, the applicant must authorize the Trademark Office to revoke the granting of the trademark in the event a third party files an identical or confusingly similar trademark, claiming priority on the basis of the Paris Convention. Applicant will be given the opportunity of appealing the rejection of the respective trademark.

Pre-established indemnity

Agreement signed with the United States, on November 11, 2014, the Ministry of Trade, Industry and Tourism regulated the category of the pre-established indemnities in matters of trademark infringement.
The plaintiff of a trademark infringement process may choose the category of “pre-established indemnity”, by virtue of which the latter will not have to demonstrate the damages and prejudices caused by the defendant, but the judge will establish the value of the indemnity, considering the evidence within the process, among others, the duration of the infringement, its coverage, the amount of products and the geographical extension.
The amount of the pre-established indemnity will vary between three (3) and one hundred (100) monthly minimum legal salaries in force, (USD 800 and USD 30,000), which may reach two hundred (200) salaries, if the infringement refers to notorious trademarks, bad faith of the infringer, danger to life and health or reoccurrence of the trademark infringement.