How to file a Trademark in Colombia?

What is a trademark in Colombia?

It may be registered as a trademark any sign capable of distinguishing goods or services, such as all distinctive signs that can be graphically represented, such as words, names, acronyms, letters, numbers, images, figures, symbols, graphics, logotypes, monograms, portraits, labels, emblems and shields, holograms, a color combination, 3D forms,, sound marks, aromas, and any combination of the mentioned signs.

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

• • Complete name and address of the applicant(s);

• • Particulars of a mark (type of mark, digital image if any, description of colors, etc).

• • Class/es in which the trademark application is to be filed: specifications of goods/services to be covered.

• Documents required

• • 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. 

• • Certified copy of the Priority Document: if priority is claimed, a copy of the first filed foreign application notarized.

• • 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?

Multi-class file a trademark in Colombia can be done. Once the trademark application is filed and if the Trademark Office finds the formal requirements are fulfilled The application process includes a formal examination, an examination of distinctiveness and relative grounds of refusal.

Before filing any trademark application, an availability search is highly recommended. Searches are carried out per trademark and per class.

Examination

The examination procedure begins with the filing of a trademark application form with SIC. 

Once the application has been filed, SIC allocates an application number along with the corresponding filing date and the examination process begins. The process comprises three phases:

• Review of the application and publication for opposition purposes in the Official Gazette;
• Formal examination, during which the examiner determines whether the application fulfills formal requirements, such as the name of the applicant, nationality, address, and correct goods or services classification. Most official actions issued during the formal examination relate to the classification of goods or services; and substantive examination, during which the examiner determines whether the mark applied for has already been registered by another party and whether the mark complies with absolute and relative grounds.
• Examination of distinctiveness,  Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use in Colombia. The burden of proof of demonstrating acquired distinctiveness rests on the applicant.
• The formal and distinctiveness examinations together take three to six months. Any objection raised during formal or distinctiveness examination will be notified to the applicant through an office action, granting a two-month term to provide legal arguments against the objections. This term can be automatically extended by a further two months.
• Publication, the trademark application is published in the “Gaceta de la Propiedad Industrial” for opposition purposes. The gazette is published three times per month.
• Opposition,  The opposition period is 30 working days from publication date of 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.