Representing the interests of our client ABG-HERVE LEGER, LLC. in the country, we faced a difficult obstacle to overcome and therefore, we successfully filed a cancellation action for non-use. As Colombia is a registration country, without a declaration of use or ex officio cancellation due to lack of use or maintenance payment, the users (trademark holders and applicants) need to file cancellation actions to “clean-up” the database and eliminate un-used obstacles for registration of their trademarks.
Important to note, and in contrary to the practice in other countries:
- These actions are in general not seen as an “aggressive” method, but rather a necessity to “clean” the database in an intend to obtain a trademark registration.
- The cancellation action is an administrative procedure; not judicial.
- ges or for legal fees for filing a cancellation action in the event the use of the trademark is proven.
Wishing to know more about cancellation actions, their consequences or potential risks, please reach out to us.