article
La necesidad de la prueba y la carga de la prueba del examinador en el examen de registro marcario
Registro en:
ISSN: 1657-1959
EISSN: 2346-2116
Autor
Cardoso González, Sergio Raúl
Institución
Resumen
In Colombia, unlike the United States and the European Union regimes, the exam for trademark registration and the rulings in administrative and judicial disputes arising from such examination, as a general rule, lack of evidentiary support and are based on solitary arguments of aspects that they range from grammar, linguistics, and phonetics, to market concepts. This way, trademark registration decisions are arbitrary and incoherent because in each case the examiner, the administrative authority, or the judge, attribute to themselves the role of the average consumer and presumed buyer, taking for granted, without any evidence, circumstances that require support from areas of knowledge outside the law; in such a way that the authorities decide only in name and by virtue of the power they exercise but in accordance with their mere subjective appreciation, thus breaching the principles of necessity and burden of proof. This study presents a comparative law analysis that demonstrates such assertion, exposes conclusions, and recommendations