The Illegitimate Use of Trade Symbols as an Infringement of the Unfair Competition Law in Colombia

Abstract

The reputation of a firm in the market is identified by the customers through symbols that convey information about the quality of the products, such as trade names, trade marks and other trade symbols. Companies invest important resources to build a good reputation regarding its products and services; hence, the strength, significance and recognition of trade marks, trade names and corporate names are important assets for a firm in any market.

The objective of this document is to explain the protection of trade symbols in the Colombian legislation and case-law. The document focuses on the protection of trade names, corporate names and the names of commercial premises and the prohibition - by the Unfair Competition Law - of two specific unfair competition types: likelihood of confusion and profit from another's reputation.

Keywords: trade symbols, trade names, corporate names, unfair competition law, intellectual property rights, likelihood of confusion, profit from another's reputation

JEL Classification: K2