The registration of a trademark in Colombia not only gives the holder the right of exclusivity over it, it also gives him the possibility of preventing the use of a distinctive sign similar to his own, to distinguish products or services similar to those he promotes, when such use causes confusion or risk of association among the consuming public.
In this sense, if a person uses a trademark in the market without the authorization of its owner, they will incur a trademark infringement, and it will be necessary for the affected owner to file a lawsuit for usurpation of the trademark to request compensation for damages, as described stated in article 238 of Decision 482 of 2000 that provides:
“The holder of a right protected by virtue of this Decision may bring an action before the competent national authority against any person who infringes his right. He may also act against whoever performs acts that show the imminence of an infraction.
If the internal legislation of the Member Country allows it, the competent national authority may initiate, ex officio, the actions for infringement provided for in said legislation.
In the case of co-ownership of a right, any of the co-owners may bring an action against an infringement without the need for the consent of the others, unless otherwise agreed between the co-owners.”
On the other hand, the applicable regulations in criminal matters expressly state in its article 306 that the person who fraudulently uses a legally protected trademark will be imprisoned for 4 to 8 years and a fine of 26.66 to 1,500 current legal monthly minimum wages.
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