Ausencia de registro marcario en algunas empresas de alimentos en el departamento de Boyacá

Abstract

This research focuses, firstly, on the contextualization of what is and consists of, trademark registration in its generality. As a general objective, it seeks to determine the reasons why some food companies in the department of Boyacá do not register their trademarks, for which reasons we can perceive: bad information, disinterest, the wrong perspective, among other reasons that will be analyzed in the course of the document; to later carry out an analysis of the current circumstances of some boyacenses companies in the food sector, regarding the trademark registration and thus develop the specific objectives of the project, which seeks to identify what impediment companies have to carry out the registration of their brands, to indicate the damages caused internally in the companies that do not comply with said requirement and to identify the development problems that the omission of this type of mechanisms generates, on the part of the businessmen in the food sector of the department.

The advantages that companies have when registering their brand will be based on. The purpose of the work to be carried out is to promote solutions to the situation of lack of trademark registration by food producing companies in the department of Boyacá, based on research carried out on part of these companies; taking into account its importance, production and recognition in front of the general public. We will begin the development of this project, with the analysis and interpretation of legal and informative documents that will allow the reader to contextualize the content and purposes of the research carried out, supported by Law 178 of 1994, Decision 486 of 2000, the manual of marks of the superintendency of industry and commerce, related doctrine and jurisprudence on the subject. We will study its content in more depth, so that the development of this work and of the next ones to be developed with support in it, are of great help and importance for the performance of duties as entrepreneurs and brand creators.

The objectives of the work will be based on informative and critical studies that allow showing scenarios that are presented daily in the management of the registry of

trademarks, likewise will be discussed within the document of the Superintendency of Industry and Commerce (SIC) and companies that access the right to protect their brand, affirming that the trademark registration has an open field to diversity of people, natural and legal, Illustrated and not, who seek the protection of their companies, products and services. The present investigation is under the inductive method with a qualitative approach, from which a socio-legal analysis will be carried out with respect to the indicated topic, in order to understand situations derived from the lack of registration of trademarks in some food companies in Boyacá. This research is derived from the following sources: 1. Legal, which will allow to know how Colombian Laws have guided trademark registration and its importance for the law and for businessmen. 2. Jurisprudential, with which, through examples, we will seek to clarify the questions that arise in the course of the work, showing through the Ratio decidendi of each sentence, the will of the Legislator regarding each matter of trademark and intellectual property law . 3. Doctrinals, which will allow comparisons with other scenarios in trademark matters and the position of various writers who also find meaning and importance in the subject.