Los colores como marca en Colombia Retos, utilidad y criterios para su regulación

Abstract

The emergence of new technologies, the growth of industry and the permanent innovation in new products, services and sectors; have brought with them an unstoppable need to innovate and create differentiated elements allowing consumers to distinguish a product or service between other options in the market. This scenario of constant change has given rise to the appearance of non-traditional branding. Simple things like: smells, shapes, gestures, textures and colors; were previously unthinkable in the past for branding but today are being part of it and they are making the difference for the customer experience and its preference. In Colombia, the registration of color marks was a novelty debated in the “Postobón” case, in which a pink color registration was requested for the soft drinks of apple without being contained in a determined format or shape. This research will analyze the criteria to be considered for granting exclusively color marks and to ensure they fulfill the function entrusted to the competent intellectual property authority, that is, to protect investment and free competition.