English
Registration is mandatory in order to obtain rights to a trademark. The “first to file” rule is effective in Colombia.
Visit the national trademark office of Colombia at http://www.sic.gov.co/
Applicants are not required to use the mark or to have the intent to use the mark prior to registration.
Yes. The following are grounds for opposition:
- proprietary rights
- the mark is descriptive
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- the mark is functional
- breach of copyright
- rights of notorious or well-known marks
- rights under protected armorial bearings, flags and other State emblems
- registration in the name of the agent or other representatives of the proprietor of the mark
- rights in a trade name
- rights in a registered design
- rights in a personal name
- the mark is generic
- the mark consists of a geographical
- the mark is against public policy or principles of morality
- the trademark application is used as an act of unfair competition
- a color itself
- previous or earlier rights
The following parties are allowed to oppose a trademark registration:
- any interested parties
- owners of an earlier right
- licensees
- anyone representing genuine or true interest
Yes. The following are possible grounds for a trademark to be canceled:
- proprietary rights
- the mark is descriptive
- the mark is not distinctive;
- the mark is misleading, deceptive or disparaging
- breach of copyright
- rights under Article 6bis of the Paris Convention (notorious or well-known mark)
- rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems)
- rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representatives of the proprietor of the mark)
- rights under Article 8 of the Paris Convention (trade names)
- registered design rights
- rights in a personal name
- the mark is generic
- the mark consists of a geographical indication
- the mark is against public policy or principles of morality
- a registration that has been obtained for the purpose of practicing an unfair competition
The following rights are established by having a registered trademark:
- Exclusive right to use the registered mark
- Right to oppose later conflicting applications
- Right to appeal of the cancellation of later conflicting registrations
- Right to file an infringement case against third parties that are using a confusingly similar mark
- Right to license third parties to use the registered mark
- Right to apply for the confiscation or seizure of counterfeit goods bearing the registered mark (this is seized by the customs authorities)
- Right to obtain damages for infringement
The opposition period begins on the publication date of the application.
The opposition period ends 30 working days after the publication date.
Colombia is a signatory of the Madrid Protocol.
Periodic statements of use are not necessary.