Juan Camilo Amaya. Deputy Director of the PONS IP Office, Colombia
WOM is a Chilean mobile phone operator whose parent company, WOM SpA, holds the exclusive rights to the trademark in both Chile and Colombia. WOM entered the Colombian market in 2021 through a licensing agreement with Partners Telecom Colombia (PTC). At that time, both companies shared a common origin through the Novator Partners investment fund. However, what began as a synergistic expansion morphed into a complex intellectual property dispute before the Superintendency of Industry and Commerce (SIC), highlighting the risks of failing to anticipate the breakdown of a business group.
The turning point can be traced to the change in ownership at both companies. While WOM SpA in Chile came under the administration of a group of international financial creditors (Amundi, BlackRock, Man GLG, and Moneda), PTC in Colombia came under the control of a new investment group led by Sur Holdings. In this new context of corporate separation, WOM SpA is reported to have notified PTC in early 2025 that the licence agreement would not be renewed. Although the internal reasons behind this decision have not been made public, the timeline of events suggests that ownership restructuring within the companies in both jurisdictions provided the necessary groundwork for the termination of the commercial relationship.
Following said notification, PTC reportedly requested an extension to evaluate their options, which, as far as is known, was granted by WOM SpA. However, once the granted period elapsed, the parties failed to agree on a renewal or to sign a new agreement.
The agreement apparently expired in July 2025, but PTC continued to use the trademark without the license being renewed. Such situation often creates a clear tension between the registered ownership of the sign and the ongoing operation of the business, particularly when the trademark constitutes the main asset that is visible to consumers.
WOM SpA attempted to resolve the situation through direct negotiation between the parties (conciliation) but failed to reach an agreement.
In light of these events, WOM SpA took legal action and filed a lawsuit for trademark infringement, requesting interim measures at the same time. On 28 January 2026, through Ruling No. 7289, the SIC, exercising its judicial functions, granted the interim measures and ordered PTC to immediately cease use of the WOM trademark and all associated distinctive signs, to remove all advertising material (physical, digital, and print), and to dispose of materials and packaging bearing the trademark under judicial supervision, as well as to take measures to inform the public of the lack of authorisation to use the trademark.
In such disputes, interim measures play a key role in preventing prolonged potentially infringing use while the merits of the case are being decided.
Disputes concerning compliance with these interim measures remain to this day. PTC, for its part, responded with an official statement affirming that it will defend its legal rights. At the same time, it deactivated its digital channels under the name WOM and launched a temporary site at movilPT.co.
In that sense, rather than an isolated case, the WOM-PTC dispute reflects a structural risk in the management of intangible assets in the context of corporate and shareholder reorganisations.
The WOM-PTC case, which is still under litigation, thereby brings into focus several intellectual property management errors that are worth analysing separately:
If you are a licensee, it is advisable to always check the validity of the agreement and plan for its renewal (or transition to your own trademark) in advance. Continued use of trademarks after expiration, without express renewal, almost certainly constitute trademark infringement.
In contrast, if you are a licensor, this case serves as a reminder to check whether your license agreement includes clauses that govern what happens in the event of a change in control at the licensee, whether such an event triggers automatic termination of the agreement, whether prior approval is required, or whether it allows for renegotiation of terms. It is also advisable to verify that the agreement clearly establishes the grounds for termination, the time periods for ceasing use of the trademark, and the handling of associated digital assets. Careful wording on these points can prevent situations where the trademark ends up being used by third parties with whom you have no direct negotiation and may even have differences in terms of ideology, corporate visions, or business approach, which could ultimately affect the reputational value of the trademark.
If you are acquiring a company or participating in an M&A process, it is advisable to include in the due diligence a specific review of all intellectual property license agreements: their validity, the clauses regarding the replacement of parties, grounds for termination, and the conditions applicable in the event of a change in control or ownership. Having intellectual property experts on the due diligence team is not a luxury but a necessity. As evidenced by Sur Holdings entry into PTC’s control structure, it is possible to acquire the infrastructure, customers, and operating assets, but the use of the trademark is legally prohibited, if such use requires a new agreement with the proprietor that was never signed.
Specialised consultancy on intellectual property and agreement structuring not only prevents contingencies but also allows anticipating them. At PONS IP, we have the expertise to support such processes and to help in adequately protecting the intangible assets of your companies.
Sources:
- Valora Analitik — https://www.valoraanalitik.com/wom-spa-denuncia-uso-ilegal-colombia-sic
- Infobae Colombia — https://www.infobae.com/colombia/2026/02/10/wom-colombia-tendra-que-dejar-de-llamarse-asi-por-nueva-derrota-en-litigio-que-tiene-con-empresa-chilena/
- La República — https://www.larepublica.co/empresas/superindustria-ordena-a-partners-telecom-dejar-de-usar-la-marca-wom-en-colombia-4322632
- Asuntos Legales — https://www.asuntoslegales.com.co/actualidad/asi-aplica-la-normativa-de-propiedad-intelectual-en-el-caso-de-wom-4323497
- DPL News — https://dplnews.com/wom-colombia-comienza-a-desactivar-la-marca/
- Pulzo — https://www.pulzo.com/economia/empresa-wom-salva-supersociedades-confirmo-acuerdo-pagara-deuda-10-anos-PP4660563
- Mobile Time — https://mobiletime.la/noticias/09/02/2026/wom-chile-uso-marca-en-colombia/
- Telesemana — https://www.telesemana.com/blog/2026/02/10/wom-colombia-ya-no-se-puede-llamar-wom-colombia/
- Diario Financiero — https://www.df.cl/autoridad-obliga-a-ex-dueno-a-dejar-de-usar-marca-wom-en-colombia
- 360 Radio — https://360radio.com.co/tecnologia/que-pasa-con-wom-colombia-y-por-que-su-pagina-web-no-funciona/
