The Superintendency of Industry and Commerce, through Concept No. 17401465, dated January 17, 2018, established that the holder of a trademark registration cannot prohibit a third party from using its trademark or distinctive sign, provided that such use is made for the purpose of informing the public and in good faith, without affecting the rights of consumers regarding confusion or misleading as to the business origin of the goods and services being identified, the Superintendency of Industry and Commerce specified.
According to Decision 486 of 2000 of the Andean Community, its Article 157 establishes that third parties may, without the consent of the owner of the registered trademark, use in the market their own name, address, or pseudonym, a geographical name, or any other accurate indication concerning the kind, quality, quantity, intended purpose, value, place of origin, or time of production of their goods or of the provision of their services, or other characteristics thereof; provided that such use is made in good faith, does not constitute use as a trademark, and such use is limited to purposes of identification or information and is not capable of inducing the public into confusion about the origin of the products or services.
The foregoing means the right that, for example, a seller of car parts has to place in advertising the logos of automobile brands that it markets, so that the consumer knows the types and classes of vehicles, without this implying infringement of the trademark rights of the logo owners.
Thus, it is up to each individual to examine and seek advice on whether the use they intend to make of a third party's distinctive sign complies with the aforementioned conditions or not, since otherwise they must obtain express authorization from the owner before using the logo or trademark and avoid acts of trademark infringement.