Abstract

MATEUS BERNAL, Juan Pablo. The specific shape of color trademarks: Beyond the requirement of graphic representation for trademark applications. Civilizar [online]. 2022, vol.22, n.43, e20220203.  Epub Sep 03, 2023. ISSN 1657-8953.  https://doi.org/10.22518/jour.ccsh/20220203.

The graphic representation of color trademarks has been object of discussion in different scenarios in the Andean Community, as demonstrated not only with the expedition of registration or cancellation resolutions and rulings on the infringement of this type of rights but also through pronouncements of the Court of Justice of the Andean Community. In accordance with Decision 486 of 2000, as the Common Regime on Industrial Property, the color in trademarks must be delimited by a specific shape. Hence, the purpose of this study is to determine what should be understood by a “specific shape” and how the requirement of graphic representation exceeds the registration process conducted by the competent national offices in charge of registering industrial property. It is also intended to determine how the specific delimiting shape in color trademarks is understood in after-registration procedures ―such as cancellation actions for non-use and enforcement processes ―industrial property infringement actions.

Keywords : Trademarks; color trademarks; graphic representation; trademark use; cancellation action; Court of Justice of the Andean Community; industrial property..

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