La registrabilidad del olor en Colombia, una posibilidad marcaria para el siglo XXI

Abstract

The present article of reflection, seeks to determine if it is or not possible to register an olfactory sign in accordance with the provisions of Andean Decision 486 of 2000 according to the methodology of analytical dogmatics, it is firstly sought to establish what are the criteria required In Andean legislation to register a sign as a trademark. Once the registration requirements have been explained, it will be examined whether the signs formed by odors or aromas comply with these requirements; Then a comparative law analysis will be done on the applications and registrations of olfactory marks and finally a study on the applications of olfactory signs made in Colombia. In practice, the registrability of olfactory signs is uncertain because there are no uniform criteria for an odor to meet the requirements of distinctiveness, perception and graphic representation required by Andean Decision 486 of 2000.