Trade Names and Trade Emblems

A trade name refers to the name used to identify a business or company.

Example:

Cencosud S.A.

Moreover, a trade emblem is the sign used to identify a business establishment.

Example:

The trade name is a sign that is different and independent of the denomination or social reason of a legal person and the marks owned by that person. All these signs can coexist under a single owner.

For example, a legal person registered with the Chamber of Commerce, whose legal name is Pérez Rodríguez Investments S.A. may have a different trade name, with which it is known as a company for its customers or suppliers. Likewise, a company or establishment may have more than one trade name.

The exclusive right to a trade name or emblem is acquired by its first use in commerce and is null when such use ceases. Thus, the protection afforded to the trade name or emblem is subject to its actual use in the trade.

It is the duty of employers to deposit, for declaratory effects, their trade names or emblems to the Superintendent’s Office of Industry and Trade (Colombian IPO).

Our firm Cárdenas Vega Advisors has experienced attorneys that will advise you, through personalized attention, as regards to the processing of trade names and emblems with the Superintendent’s Office of Industry and Trade. Contact us.