Colombia and Madrid
SYSTEM MEMBER COUNTRIES – NEW TYPES OF TRADEMARKS AND NEW MEANS OF GRAPHIC REPRESENTATION
The Working Group on the Legal Development of the Madrid System for the International Registration of Trademarks held its sixteenth session from July 2nd to 6th 2018. Its agenda included the discussion of the addition of new types of trademarks and new means of representation
It was concluded that the current legal framework fails to restrict the types of trademarks that may be the basis of an International Registration. However, a requirement for graphical reproduction is set out in Rule 9(4)(a)(v) of the Common Regulations, which demands the inclusion of “a reproduction of the mark that shall fit in the box provided on the official form (…)”.
The above may tacitly restrict the types of trademarks that may be the object of an International Registration to those that may be reproduced as requested by the form in the sense of including: a) the inclusion of the trademark in black and white in the box, b) the inclusion of the trademark in color in a second box, if the same claims color, c) a statement regarding the desire to consider the same as trademark in standard characters and, d) a declaration indicating that the trademark consists of only one color, of a combination of colors, without a figurative element.