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Graphic element of a trademark is usually of greater importance when it’s figurative

By Vera Abogados - 28/06/2022

When making a trademark examination, it must be identified which element prevails, whether the verbal or the graphic, in order to determine which has the greatest influence on the consumer's mind.

The legal doctrine has tended to consider that, in general, the denominative element of a mixed trademark is usually the most characteristic or decisive, taking into account the expressive force of the words, letters and/or numbers, which by definition are pronounceable.

That does not prevent that in some cases the priority can be given to the graphic element, taking into account its size, color and placement, which at a given moment may be decisive. The graphic element is usually of greater importance when it is figurative or evocative of concepts, than when it consists simply of an abstract drawing. 

By Vera Abogados - 28/06/2022
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Vera Abogados Asociados

VERA ABOGADOS ASOCIADOS S.A.-, is a Colombian law firm with specialized lawyers, Founded more than 40 years ago, by Jorge E. Vera Vargas, Doctor in Law and Political Sciences of the La Gran Colombia University in Bogota D.C., Colombia. At present, with principal offices in the city of Bogota D.C., and offices in the cities of Cali, Medellin, Barranquilla, at national level, and at an international level in Ecuador and Panama.

The Firm is today a reference in the Andean Community, and it makes part of important international affiliations such as PRAGMA, EEIG. International Network of Law Firm, The International Trademark Association (INTA), Asociación Interamericana de Propiedad Industrial (ASIPI), Associação Brasileira da Propriedade Intelectual (ABPI), and the Chamber of Industrial Property Agents of the Republic of Argentina(CAPIRA).
 
VERA ABOGADOS ASOCIADOS S.A. offers professional services to prestigious Colombian and foreign companies in the following juridical areas: Industrial property, Trademarks, Patents, Copyrights, New Technologies, Disloyal Competition, Commercial Practices, Sanitary Rights, Community Right, Administrative law, Tax Law, Corporate Right and Foreign Investment and Business Rights.
 
The Firm offers of equal way a service of integral consultancy in Foreign Commerce, Business administration, Finance and Accountancy. The team is made up of specialized lawyers in each of the workspaces and expert multilingual professionals (Spanish, English and French) that respond with efficiency and competitiveness to the needs and demands of our customers around the world.