?? The most recent IP Law News ??? (01 / 24 / 2025)

In January 2025, the Superintendency of Industry and Commerce issued a Resolution that introduces certain modifications to the process of claiming colors as distinctive elements of trademarks. This regulation complements the provisions established in 2021.

Among the new provisions is the requirement that if an applicant wishes to claim colors using recognized international systems, such as Pantone, Focoltone, or RGB, they must choose a single system and may not combine different systems.

Additionally, if the label includes a white background, it will be assumed that this color is not intended to be claimed, unless explicitly stated, but if the label has a background of another color, it must be claimed.

Thus, at the time of filing a trademark application, it is important to bear in mind the following:

? If you wish to protect colors as a distinctive feature of the trademark, this must be indicated in the application, attaching a color label and detailing the claimed colors. Otherwise, a black-and-white label must be submitted.?

? While it is possible to claim colors using their name, adjectives such as “light” or “dark” may not be used.?

? If an international system is chosen, only that system may be used.?

? If the label has a white background and it is not explicitly claimed, the Office will not consider it as part of the protection. On the other hand, backgrounds of any other color must be claimed.?

? It will not be allowed to include within the label references related to the claimed colors.?

?These guidelines are not applicable to color trademarks, which follow other parameters.?

On December 6, the Superintendence of Companies modified sections 4.4 and 4.5 of Chapters X and XIII of the Basic Legal Circular through External Circular 100-300000. This modification affects the obligations of Chambers of Commerce and Foreign Non-Profit Entities (ESAL) with permanent operations in Colombia regarding the Anti-Money Laundering and Terrorism Financing System (SAGRILAFT) and the Business Transparency and Ethics Program (PTEE).

Foreign ESALs (non-profit entities) with permanent operations in Colombia must adopt the Minimum Measures Regime to prevent the risks of Money Laundering and Terrorism Financing. Additionally, they will be required to identify and assess the risks of corruption and transnational bribery only if their total income for the previous year is equal to or greater than 9,000 legal monthly minimum wages (9,000 SMMLV).

Meanwhile, Chambers of Commerce with annual income greater than 40,000 SMMLV must implement both SAGRILAFT and PTEE. Those with income between 9,000 and 40,000 SMMLV must adopt the Minimum Measures Regime and assess only corruption risks. Chambers with income below 9,000 SMMLV are exempt from these obligations, although they may adopt these measures as best practices.

Entities that meet the established criteria on December 31 of each year will have until May 31 of the following year to comply with these provisions.

Source.

In a Statement of Interest filed in Elon Musk et al. v. Samuel Altman et al., the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) emphasized the competitive risks associated with interlocking directorates between OpenAI and Microsoft. The DOJ argued that such arrangements inherently threaten fair competition by enabling the coordination of business strategies and the exchange of sensitive market information.

The FTC highlighted that interlocking directorates could distort market dynamics by creating unfair advantages, even if dismantled, as retained information can still impact competitors negatively. Both agencies stressed that these practices reduce transparency, discourage innovation, and create barriers for other firms to compete fairly, particularly in the rapidly evolving field of generative artificial intelligence.

January 8, 2025, the Superintendence of Personal Data Protection of Ecuador (“SPDP”) granted an extension to public sector institutions covered under Article 225 of the Constitution of the Republic of Ecuador to complete the registration of their Data Protection Officers. This registration must be carried out using the provisional platform made available by the SPDP, with a final deadline of January 31, 2025.?

This development highlights the increasing importance of Data Protection Officers across Latin America, who have become key figures not only in ensuring compliance with personal data regulations in each jurisdiction but also in aligning organizational practices with international standards.?A regional effort to strengthen personal data protection and harmonize local regulations with global best practices in this field.

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