?? The most recent IP Law News ??? (01 / 17 / 2025)

Recently, the Confederación Cauchera Colombiana launched the trademark CAUCHO NATURAL 100% COLOMBIANO, aimed at supporting companies that manufacture products based on natural rubber.

The natural rubber market has a direct impact on rural farmers and families, including many women who are heads of households. It also plays a key role in the substitution of illicit crops. Exports of this sector increased from USD 84 million to USD 108 million in 2023. The main export destinations are the USA, Brazil, Ecuador, and Peru.

This initiative, led by the Confederación Cauchera Colombiana, aligns with similar efforts by other organizations, such as the Federación Nacional de Cafeteros de Colombia, which manages the trademark Café de Colombia.

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In 2016, the EUIPO rejected an application for a figurative mark consisting of the face of a person. It was a photograph of Johannes Hendricus Maria Smit, a singer and actor known in the Netherlands and some other European countries. Smit sought to register his face as a trademark in several classes of goods and services. The EUIPO argued that the photograph lacked distinctive character, as consumers would not perceive it as a sign identifying the business origin of the goods and services applied for. The applicant filed an appeal against this decision, arguing that people's faces possess unique and recognizable characteristics, which give them distinctive capacity. In addition, he cited precedents in which the EUIPO Board of Appeal had accepted the registration of similar trademarks.??

At the second instance, the Board of Appeal referred the case to the Grand Board, considering that the Office has systematically rejected trademark applications containing human faces. This referral seeks to ensure consistency in the interpretation and application of the ?distinctiveness criteria in this type of trademarks.?

In view of this situation, the International Trademark Association (INTA) filed an “amicus curiae” in favor of the registration of the trademark. In its brief, INTA argues that faces can function as distinctive signs and that the Grand Board's decision will have a significant impact on future jurisprudence regarding this type of trademarks. The Grand Board will now analyze the case and must decide whether to uphold the EUIPO's position or, on the contrary, to recognize the distinctive character of the photograph in question.?

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The Canadian Intellectual Property Office (CIPO) has launched a pilot project that requires trademark holders to demonstrate active use of their signs in order to maintain their rights in Canada.?

The purpose of the initiative is to clean up the Canadian Trademark Registry, eliminating inactive sign registrations that may serve as obstacles for new applications, thereby contributing to a more efficient system.?

Implementation of the program will begin with the proactive issuance of notices to randomly selected holders of trademarks registered more than three years ago. Recipients will be required to provide evidence of the use of the trademark or an adequate justification for the non-use.??

To facilitate the process, the Office will provide guides and resources to assist holders in preparing their responses. In addition, once a sufficient number of cases have been analyzed, the continuity of the project will be evaluated, and possible adjustments will be considered, depending on the opinions gathered.

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Since the 20th of December 2024 and up until the 10th of January, the local courts in Colombia were closed due to the judicial vacancy. This also applied to the jurisdictional judges, such as those from the Superintendence of Industry and Commerce.

During this time, judges remained available for matters of utmost importance, such as the protection of fundamental rights. This meant that the judicial terms were suspended, and all communications were to be answered once the vacancy had finalized.

On the 13th of January 2025, the judicial vacancy ended, and all courts began to operate normally. Judges are now available to receive all requests and motions that are deemed necessary.?

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