Criterios Jurídicos Aplicables a la Protección de las Marcas de Color en Colombia

Abstract

This research analyzes the relationship between innovation, competition law, intellectual property, and consumer law. This is how industrial property legally protects inventions, trademarks, industrial designs, trade names, designations of origin and indications of provenance, thus preventing unfair competition and copying of said creations. Thus, for creations to be eligible for protection they must have a novelty for science or technology and seek the development of humanity, In such a way that a trademark is a distinctive sign that makes it possible to distinguish the products or services of one company from those of others in commercial traffic. This is how we find Traditional trademarks, defined as those that are “expressed through letters, numbers, words , drawings or symbols, and that are appreciated by the sense of sight, on the other hand we have the Mark or sign not tr additional; These can be understood as “any distinctive sign useful to differentiate goods, products and services from others of the same class or species, being able to be distinguished and perceived through any sense of the human body (sight, touch, smell, taste, hearing) and Therefore, these marks are susceptible to graphic representation and serve as a distinction and this distinction is perhaps the most important principle for the creation of marks (Schmitz, 2012); Brands as mechanisms to differentiate one product from another are perhaps as old as the beginnings of the market or exchange (Alomá, 2014), basically referring to this first stage in which the brand or sign defined the origin of origin of materials raw or processed products. From Greece, there are records of the use of certain symbols to identify the potters who made some type of jugs and it is in this way that within these non-traditional brands we find the point of investigation referred to as color brands and When talking about brand of color, is referring to "those constituted by a color or a combination of colors delimited by a specific shape" (Superintendency of Industry and Commerce, 2014, p34). A color can be appropriated by a specific brand when it acquires a second meaning, that is, “that due to its constant use exceeded its decorative character and became recognized as a brand and associated with a business origin, Andean Decision 486 of 2000 us It ends by teaching that a color can be registered as a trademark to the extent that it is delimited by a specific shape and is not a color considered in isolation, as well as regulates everything related to color trademarks in Colombia.