SIC introduced modifications in Title X of the Sole Circular

The Superintendency of Industry and Commerce , through Resolution No. 59671 of September 25, 2020 ¹ , added and modified numerals in the First Chapter of Title X of the Single Circular . Here is a summary of the most relevant changes:

1. Regulation regarding position marks was added. “ These marks are defined by the position in which they appear on a certain product or are attached to it ² “.

NEW REGULATION	EXAMPLE
Within the application for a position mark, a graphic representation must be presented, consisting of a single view in which the position, size, arrangement and proportion of the requested sign on the surface can be appreciated in which it will be applied. The surface must be represented with dotted lines, in order to define the matter for which protection is not claimed.	The mark consists of the position of a metallic colored star, located on the central front part of the underwear. The stitch line is not a characteristic feature of the brand and is intended to establish the location of the star on clothing 3 .

2. Regulation on animated marks was added. And it was mentioned that for your request you must provide:

• “A document that contains the sequence of movements represented in still images, which allow to unequivocally establish the movement to be protected.”
• “An animated reproduction without sound in GIF format of maximum 50MB, in which the movement to be protected is displayed.”

3. Regarding the application for registration of a sound mark , the SIC included different means, which the applicant can provide, to graphically represent the sound mark (such as notation musical score, among others). And it diversified the audio file formats and digital recording support that must be provided, now they can be WAV, CDA, WMA, DOC, DOCX, PDF formats, (and not just MP3, as established by past regulation).

4. The SIC specified new requirements that must be provided within the application for registration of a color mark, and added additional requirements if the application consists of a registration of a mark that has a combination of colors.

5. Rules were detailed on the request for vindication of color as a distinctive characteristic of trademarks, and the graphic representation for the registration of this class of signs.

6. The SIC established that the requests mentioned below will be processed through the SIPI, upon payment of the corresponding official fee.

• The fee reduction request
• Applications for registration of trademarks, commercial slogans and appellations of origin
• the application to renew the registration of a trademark or commercial motto
• The request for cancellation of the trademark registration, motto and authorization to use a protected designation of origin
• The request to waive the rights of distinctive signs
• The request for deposit of name and / or commercial sign

Likewise, it was noted that the presentation of these requests can be made through the Virtual Office or physically; If done physically, the applicant must fill out and file the form corresponding to the nature of the request.