María Fernanda Castellanos of Gamboa, García & Cardona

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With more than twenty years of experience she has acted as strategic legal advisor, to national and international clients, in IP and transactonal matters involving protection of intangible assets, trademarks, inventions, patents copyrights, trade secrets; as well as in civil and administrative litigation in intellectual property (IP), unfair competition and consumer protection.

Also, she has led multidisciplinary teams devoted to Life Sciences Regulatory, Food Law and Healthcare.

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CRITERIA TO AVOID CANCELLATION FOR LACK OF USE OF A TRADEMARK IN COLOMBIA

Exclusive rights over a trademark in Colombia arise from registration. Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.  This means that a trademark registration in Colombia may be canceled by the Trademark … Continue Reading

OPPOSING A TRADEMARK APPLICATION IN COLOMBIA BASED ON A U.S. TRADEMARK

Exclusive rights over a trademark in Colombia arise solely from registration. Therefore, the general rule is that a trademark registered or protected under the legislation of a different country may not be used as valid grounds for opposition against a trademark application in Colombia. However there are exceptions to this rule, namely, by filing an … Continue Reading

IT`S NOT ONLY PATENTS: PLANNING AND IMPLEMENTING TO PROTECT INNOVATION

For investors in innovation, it is a priority to count on legal mechanisms to secure some level of exclusivity in the exploitation of their innovations, to seek a return on their investment. The first legal alternative at hand is to get a patent for the innovation. However, patents are not the only mechanism to obtain … Continue Reading
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