As a rule, the Colombian Trademark Office does not accept the coexistence of similar trademarks on behalf of different entities. Notwithstanding, Resolution No. 51804 dated August 5, 2022 (into force as from September 1, 2022) provides an exception: If the involved parties can evidence that they belong to the same business group, the coexistence is accepted.
According to our legislation, a business group exists when:
Subordination between different entities (one or more of the below):
- When more than 50% of the capital belongs directly, or by means of its direct or indirect subsidiaries, to the parent entity.
- When the parent entity and subsidiaries have together or separately the right to emit constitutive votes of the minimum decision-taking majority in the general assembly or have the required number of votes to elect the majority of the members of the board of directors.
- When the parent entity directly, or by means of its direct or indirect subsidiaries exercises control / dominant influence on the administrative organs of the entity.
Unity of purpose:
when the existence and the activities of all entities pursue the procurance of the object determined by the patent entity, without prejudice of the individual social object or activity of each entity.
To evidence the above, the applicant should file the following information (duly accompanied with a simple translation in the Spanish language):
– A declaration signed by the legal representative in which is described clearly the unity of purpose.
– A document emitted by the responsible authority in your jurisdiction in which is evidenced such unity of purpose, if available. On the contrary, the declaration would be sufficient.