The Superintendence of Industry and Commerce (SIC) under the Ministry of Industry, Commerce and Tourism of Colombia has published a practice paper on figurative marks containing descriptive/non-distinctive words.
The SIC has analysed and found common ground with the criteria developed under the Common Communication on the Common Practice of Distinctiveness – Figurative Marks containing descriptive/non-Descriptive words. The publication of the practice paper is the result of fruitful collaboration between the SIC and the EUIPO, under a set of actions promoted within the bilateral cooperation framework and IP Key LA project.
The practice paper provides a clear and comprehensive explanation of the principles on which the practice of the SIC and the IP offices of the European Union Intellectual Property Network (EUIPN) is based, in order to assess the examination of trade marks.
The publication of the practice paper seeks to increase transparency, legal certainty and predictability for the benefit of the users and examiners of the IP offices involved. It is intended to be a reference for IP offices, users of the EU and Colombian IP systems, and other interested parties.
The practice paper has been made publicly available in Spanish and English. Both versions can be found below. The document is divided into two parts: the first part summarises the criteria, while the second part provides a full explanation of the specific criteria applicable in each case.