The Andean Opposition is a legal figure provided for in article 147 of Decision 486 of the Andean Community, which allows holders of prior applications or registered trademarks in a member country (Bolivia, Colombia, Ecuador, or Peru) to oppose the registration of a similar or identical mark in another member country, without the need for their mark to be registered in that country at the time of filing the opposition.
As a special requirement, those who wish to use this legal figure must demonstrate their real interest in the market of the country where they oppose the registration of the mark “at the time of” filing the opposition, that is, by applying for the registration of an identical mark.
For years, there has been a debate about the scope of the term “at the time of” without a precise parameter. However, in Resolution No. 78893 of November 10, 2022, the Director of Distinctive Signs provided a clearer interpretation by stating that “to accredit the real interest, it is required that the mark has been filed in Colombia before the expiration of the publication (opposition period)”.
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