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First tactile trademark in Colombia

Consistent with recent purposes and objectives of the Colombian Trademark Office, such as the constant development, processes evolution and modernization of its criteria related with the registration of trademarks in the country; for the first time in Colombia this entity has granted a tactile trademark.

This was the case of Resolution No. 34530 of June 2, 2016 by means of which the Colombia TMO granted the application filed by the company DIAGEO BRANDS BV, of the crackle surface, chapped or cracked with irregular geometric shapes including, pentagons, rhomboids and hexagons with which the bottle of Old Parr is distinguished to identify products of International class 33 (this texture will be used in amber glass and will be used in different sizes).

It is important to note in this case, that in order to issue a right decision, for the first time an administrative entity reaches out to the Court of Justice of the Andean Community, in order to consult and obtain a preliminary interpretation regarding issues such as the possibility of registering a specific texture as a tactile mark, the requirement of distinctiveness of that mark, the operation in terms of graphical representation and if the analysis of distinctiveness is absolutely linked to the type of product or service that the sign identifies.

Finally, and based on the issues raised by the High Court, the Superintendency considered that the filed texture as tactile mark, meets the distinctiveness requirements needed to be identified and registered as a trademark to identify alcoholic beverages.

This evidences how for the first time in the history of Colombian intellectual property the registration of a TACTILE mark has been accepted. This decision along with recent registers of colored marks, indicates significant progress in this area and consequently on innovation and creativity of entrepreneurs in the country.