OM Weekly Digest (07-10-2016)

7 October, 2016

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VENEZUELA | Trademarks | New requirement to avoid abandonment of oppositions against trademark registrations in Venezuela

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By means of Official Announcement of 22 August 2016 (in Spanish), and in order to speed up trademark prosecution, the Venezuelan Trademark Office (SAPI in Spanish) requires all those who have promoted an opposition against a trademark registration in Venezuela to ratify in writing their interest in continuing with the oppositions filed before the date of issue of the Official Announcement.

If the applicant does not show interest in continuing with the opposition, the SAPI will declare the opposition lapsed and will proceed to declare its abandonment.  The document must be filed before 14 November 2016.

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COLOMBIA | Trademarks | Colombian Trademark Office denies trademark registration due to evidence suggesting unfair competition

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On 12 September 2016 -and by means of Resolution 60065/2016 (in Spanish)-, the Colombian Trademark Office (SIC in Spanish) denied the registration of “PREMIATA” in Classes 14 (precious metals, jewellery) and 25 (clothing) of the Nice Classification.

Graziano Mazza (holder of different trademarks in the USA containing the phrase “PREMIATA”), filed an opposition based on Article 7 of 1929 Washington General Inter-American Convention for Trademark and Commercial Protection.  That article allows trademark titleholders of any contracting country to oppose an application for trademark registration that may eventually cause confusion or association.

Although the SIC declared the opposition unfounded (considering that the opponent was not a national or entrepreneur of a contracting country of that Convention), it nevertheless refused to grant the trademark to the applicant.  The denial was based on the existence of evidence suggesting unfair competition from the applicant, when determining that the trademarks and signs to register were identical and covered the same products using the expression “PREMIATA” in USA.

 

COLOMBIA | Regulatory | Colombia: new requirements for meat importation

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By means of Circular 100-0357-16 (in Spanish) issued on 16 September 2016, the Colombian Regulatory Authority (INVIMA in Spanish), regulated Decree 1500 of 2007 (covering inspection, surveillance and sanitary control of meat), and introduced a new procedure for the importation and exportation of meat products.

The Circular stipulates that, from its date of issue, countries that desire to export to Colombia must obtain recognition before the INVIMA that its official inspection system meets Colombian sanitary requirements.

In the next link, you will find more information about the procedure and requirements to fulfill such recognition.

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COLOMBIA | Corporate Law | Colombian Antitrust Authority analyzes the business integration of two of the most important meat companies of Colombia

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On 28 September 2016, the Colombian Antitrust Authority (SIC in Spanish) announced that it is evaluating the feasibility of “Frigorífico Guadalupe S.A.S” -EFEGE- acquiring the operation of “Frigoríficos Ganaderos de Colombia S.A.” –FRIOGAN- (under bankruptcy proceedings).

Colombian Law provides that the SIC, as the antitrust authority, must determine the business integration feasibility of two or more companies engaged in the same industrial activity.  This, in order to avoid free competition restrictions and abuse of dominant position.

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