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MADRID PROTOCOL IN COLOMBIA
Transcript of MADRID PROTOCOL IN COLOMBIA
Average timeframe to final decision 5.5. (Provisional/final refusal)
Average timeframe to first office action 1 1/2 months (provisional refusal)
Grounds for refusal are set forth in the Paris Convention: Andean Decision 486. Origin Office International Office Designated Offices 12 months - 18 months In case of Opposition it will be reported after 18 months Notification Notification Declarations For international registrations, the period of 1 year will be replaced by 18 months. Thanks 2013 JOSÉ LUIS LONDOÑO FERNÁNDEZ Superintendent for Industrial Property Protocolo de Madrid en Colombia
Ley 1455 del 29 de
junio de 2011.
-Sentencia C-251/12 Madrid Protocol in Colombia
- Act.1455 of June 29 2011. (Colombian Congress)
-Adhesion of Colombia to the Treaty May 29 2012.
-Constitutional clearance Ruling March 12 2012 (Colombian Constitutional Court)
- Resolution 50720 of August 27 2012 (Superintendence of Industry and Commerce) As an Office of Origin Regulations Language Date of
Filling Fees Dependence of International Registration Spanish. Except for
Official Form. SIC may issue an office action when all the requirements to send the International Application have not been fulfilled. (Those to certify the correspondence) Transmission fees. The dependence of an International Registration is effected for five years. SIC does not proceed to notify and request cancellation of the international registration if the rights under the registration or application have been removed or waived by the applicant, as a result of actions initiated by third parties within the deadline.
File and unique identification number are Assigned in the system of filings. Extension In Colombia the registration may be renewed for a period of 10 years from the register. Renewal For purposes of accounting, the time will correspond to the international registration date. Any international registration may be renewed for a period of 10 years. When a denial of protection may result from an opposition to the concession area of protection, such refusal may be notified to the International Bureau after the expiration of 18 months. STATISTICS In place of the income from the supplementary fees and complementary fees. MADRID PROTOCOL IN COLOMBIA FOREIGN APPLICANTS FOREIGN APPLICANTS Office Action - Provisional Refuses. Formal
Office Action Provisional refusal Regulations governing use of collective marks or certification
Additional Views for dimensional Brands
Vagueness in the product description Abandon
Opposition - Communication of opposition by a third participant
Final refusal - First instance refusal appeal decision Notification According to Colombian law non colombian resident must appoint a legal representative in order to be notified of the decision issued by SIC and/or if they are to fail and respond modification opposition appeal action they must appoint an attorney to do so. For notification Prosecution - PoA
Publication: in Colombia the application has to be published
Opposition: period aloud prior to first instance decision. Provisional Protection Requirement form
Opposition - 18 months from notification
A background decision subject to appeal to refuse protection. Transformation
of the Protection The Canceled registrant may apply SIC to register the same mark, asking to process the request as if had been submitted directly on the same date of the international trademark registration, or the date of subsequent territorial extension according to the case, benefiting from the date of the given international priority registration. Such application is filed within three months from the date on which the international registration was cancelled,
The goods and services listed in the application are in fact covered by the list of goods and services contained in the international registration in respect of Colombia
The official fee payment. The transformation rate will be the same as that of a request for modification Where a mark that is the subject of a national registration in the Colombian Office SIC is also the subject of an international registration and both registrations stand in the name of the same person, the international registration is deemed to replace the national registration, without prejudice to any rights when the goods and services listed in
the application are contained in the international registration.
Replacement According to Andean Decision 486 Cancellation APPLICANTS MAIN COUNTRIES