To register a trademark in Colombia, you must submit your application to the Superintendence of Industry and Commerce (SIC), which operates under the Ministry of Industry, Commerce, and Tourism. The Andean Pact Decision 486, in force since December 1, 2000, governs trademark registration in Colombia.
What is a trademark in Colombia?
You may register as a trademark any sign that can distinguish goods or services and be graphically represented. These signs include words, names, acronyms, letters, numbers, images, figures, symbols, graphics, logos, monograms, portraits, labels, emblems, shields, holograms, color combinations, three-dimensional shapes, sound marks, scents, or any combination of these elements.
How to file a trademark in Colombia?
To file a trademark in Colombia can be done on-line, by post or personally; the form must must contain at least the following:
- Trademark information
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- Complete name and address of the applicant(s);
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- Particulars of a mark (type of mark, digital image if any, description of colors, etc).
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- Class/es in which the trademark application is to be filed: specifications of goods/services to be covered.
- Documents required
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- Power of Attorney: signed by the applicant or an authorized officer of the applicant company; the signature must be notarized by a Notary Public and Consular legalization or “Apostille” is required.
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- Certified copy of the Priority Document: if priority is claimed, a copy of the first filed foreign application notarized.
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- Translation of documents into Spanish: our in-house translators can assist you.
It’s suggestable to perform a search before filing a trademark application in Colombia, in order to verify the availability of the sign.
Goytia & Associates can proceed with a search free of charge. Click here
How is the process of filing a Trademark in Colombia?
You can file a multi-class trademark application in Colombia. Before filing, we highly recommend conducting a trademark availability search. These searches are performed per trademark and per class to ensure there are no conflicts.
Filing and Initial Review
Once you file your trademark application with the Superintendence of Industry and Commerce (SIC), the office assigns an application number and official filing date. The process then moves into the examination phase.
Examination Process
The examination includes three main phases:
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Publication for Opposition
SIC publishes the application in the Gaceta de la Propiedad Industrial for public opposition. This gazette is issued three times a month. -
Formal Examination
Examiners review the application to ensure it meets formal requirements, including the applicant’s name, nationality, address, and the appropriate classification of goods or services. Most objections raised at this stage concern the classification. -
Substantive and Distinctiveness Examination
Examiners assess whether the mark is already registered and if it meets absolute and relative grounds for registration.
If the sign lacks inherent distinctiveness, you may still register it by proving acquired distinctiveness through use in Colombia. In this case, the applicant bears the burden of proof.
Office Actions and Deadlines
If SIC issues objections during the formal or distinctiveness examination, it notifies the applicant through an office action. You have two months to respond with legal arguments. This term can be automatically extended by another two months.
Opposition Period
The opposition period lasts 30 working days from the date of publication. During this time, third parties may challenge the application.
You may be interested in filing a patent in Colombia.
Duration of the procedure:
The opposition period is 30 working days starting from the publication date of the application. The processing time from first filing to registration is approx. 8-10 months.
Grant, validity term and maintenance fees
The term of a registered trademark in Colombia is 10 years from the date of registration, renewable an unlimited number of times every 10 years. A renewal application should be filed 6 months before the expiration date.
International treaties
Colombia is a member of the Madrid Protocol and a member of the Andean Pact.
Representation by a Intellectual Property Agent
Please note that a general power of attorney is admitted and we can use it to file any number of applications on behalf of the same client.
Goytia & Associates has local offices in Colombia and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
Do you need to file a trademark from another country in Colombia?
This content may suffer modifications due to updates in the official regulations of Colombia.
