It takes 6 to 9 months to complete the trademark registration process.
The territorial limit of protection is the Republic of Colombia.
A signed power of attorney may be required during the prosecution stage.
There are no benefits from a pre-filing use of the trademark.
Third parties may attack a registered mark on the basis of non-use.
The following marks are allowed for registration:
- Words
- Names
- Devices
- certain shapes having three dimensions
- Colors having a shape
- Slogans
- Sounds
- Smells
- Trade dress/get up
- Holograms
- Motion (there is no specific law regarding this)
- Taste
- Touch
- Collective marks
- Certification marks
- Service marks
A trademark application in Colombia goes through different phases in particular order:
- Publication
- Examination
- Registration
- Opposition
- Appeals
The following marks are not allowed for registration:
- Marks that contradict standards of morality or public order
- Generic terms
- Symbols, names, or flags of nations, states, regions, and international organizations
- Non-distinctive marks
- Marks that are primarily used as a surname
- Marks that are primarily used as a geographical location name
- Marks that infringe a copyright
- Marks that are used for unfair business competition
Colombia uses the Nice Classification system only as a general guide.
No. Colombia does not follow the Community Trademark.
Yes. The following conditions must be satisfied in order to claim priority application in Colombia:
- The applicant’s home country is a Paris Convention member
- The home application date is at least 6 months earlier than the application date in Colombia
- The applicant’s home country is a World Trade Organization member
- The applicant’s home country is a party to the Andean Pact
- An international registration is based on a national registration in Colombia
A registered mark must be used within 3 years from the registration date. It must be used for commercial purpose and must occur in any member state of the Andean Pact. Appropriate sales invoices are required as a proof.
A registered mark is initially valid for 10 years.
The first renewal of a registered trademark is done 10 years from the date of registration grant.
Yes. Use of an unregistered mark for any good or service is legal.
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.
Trademark renewals are done every 10 years.
The first renewal of a registered trademark is done 10 years from the date of registration grant.
The following documents are to be submitted during a renewal process:
- A power of attorney when requested by the Colombian PTO
- Payment of government fees
A 6-month grace period is available.