Can celebrities register their characteristic movements as non-conventional trade marks in Colombia? This is the question currently addressed by the previously mentioned office which is called to register various applications for ‘gestural marks’ without having clear regulation regarding the grant of this kind of trade marks.
Technically, the Colombian legal framework does not explicitly consider the registration and the consequent protection of gestural marks, but it has a very flexible trade mark regulation. In fact, some experts suggest that these kinds of trade marks could be represented through a graphic sequence of the gesture whose protection is required together with a textual description of it. These movements could be protected as long as they were original and distinctive, and associated to goods and services connected to their business activities.
This is an unconcluded matter, but the result of the issue might change how we understand the protection of non-conventional trade marks. If the Colombian Office finally allows the register of this kind of non-conventional trade marks, new challenges will appear in the legal practice for the protection of the exclusive rights over these registered movements and how people may use them.
We will be attentive to the IP Department of the Colombian Superintendence of Industry and Commerce, as well as to the subsequent development of the protection on this new ‘gestural marks’.
Written by Antonio Torres
Source: ElPais Colombia, 8 July 2013.