The commercial name as a defense mechanism in jurisdictional processes for trademark infringement

In recent years, since the Superintendent’s Office of Industry and Trade (Colombian Trademark Office) assumed jurisdictional functions in the field of industrial property, lawsuits related to trademark infringements have had a considerable increase. In some of these lawsuits, the defendants have invoked the previous use of a trade name as the main defense argument. In this article we will conduct a study of the trade name as a means of defense in trademark infringement lawsuits, analyzing the provisions of Decision 486/2000, the doctrine and jurisprudence of the Colombian Trademark Office.

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