Colombian Commercial Code - Decree 410 of 1971 - Book III - Of Commercial Property - Title II - Industrial Property - Chapter II - Distinctive Signs - Section IV - Trade Names and teaching - From: Section 603 By: Art 611
Article 603 .- The
trade name rights are acquired by the first use without registration.
However, you can request your deposit. If the application meets the
requirements prescribed for the registration of marks, an order granting
the certificate of deposit and published.
Article 604 .- If the name if not already deposited for the same activities, office
industrial
property it shall inform the applicant if this insists, will be
recorded in the certificate the existence of the first deposit.
Article 605 .- The deposit or the mention of an earlier filing does not constitute rights to the name.
Presumably
the depositor began using the name since the days of the request and
that third parties know that use of the date of publication.
Article 606 .- Not
be used as a trade name designation that is contrary to morality or
public order or which may mislead others about the nature of the
activity that takes place with that name.
Article 607 .- Third
parties are prohibited from using a trademark or a trademark or service
that is equal or similar to a trade name, used for the same line of
business, unless it is a name that the law gave to a person, in which
case the changes should be made to avoid any confusion that might at
first appear.
Article 608 .- The
trade name can only be transferred to the establishment or part thereof
designated by that name, but the assignor may reserve for himself by
giving the facility.
The assignment must be in writing.
Article 609 .- The aggrieved by the use of a trade name may apply to the court to prevent such use and demand compensation for damages.
The process is shortened by the procedure established in the Code of Civil Procedure *.
* Modified. Code of Civil Procedure.
Article 427 .- Modified.
Decree 2282 of 1989, Article 1. Number 231. Matters covered. Verbal
process will be processed in accordance with the procedure set forth in
this chapter, the following issues:
...
Paragraph 2. Because of its size:
...
12. Those provided for in Articles 175, 519, 940 second and third
paragraphs, 941, 943, 945, 948, 950 (952), 852, 966, 972, 1164, 1170,
and 1364 of the Commercial Code and any other matter that the order code
resolved by summary proceedings or incidental self processing.
Article 610 .- The
right of a trade name dies with the holder's withdrawal from the
market, the completion of the operation of the line of business for its
intended or taking one for the same activity.
Article 611 .- Taught are applicable to the provisions on trade names.
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