Global Trademark GO: Colombia - Introduction to Colombian Trademark Application

Colombia can apply for word trademarks, graphic trademarks, mixed trademarks, three-dimensional trademarks, sound trademarks, olfactory trademarks, multimedia trademarks, etc. with symbols, words, images, sounds, letters, numbers, pictures, logos, portraits, labels or colors and their combinations. Accept trademark applications for multiple categories with one mark. Colombia is the second Latin American country to join the Madrid System.

1. Trademark authority:

• Colombian Intellectual Property Office, English: Superintendence of Industry and Commerce Ministry of Industry, Commerce and Tourism, SIC
• Website: Industrial Property | Superintendence of Industry and Commerce (sic.gov.co)
• Trademark Search: Buscar Signos Distintivos (sic.gov.co)

2. How to apply for trademark registration:

• Electronic submission, paper submission

3. Trademark registration application language:

• spanish

4. Documents required for trademark registration application:

• Applicant information (including mailing address)
• Trademark pattern
• List of goods and/or services
• Proof of payment
• The power of attorney can be submitted within 60 days from the date of application.
• The priority document and its Spanish translation can be submitted within 9 months from the filing date.

5. Colombia trademark registration application process:

• SIC will conduct a formal review of the submitted trademark registration application within 15 working days. If the formal defects are not met, the trademark applicant needs to respond with corrections within 60 working days from the receipt of the notice of correction. In the case of a multi-class trademark application, and the applicant fails to respond to the notice of correction within the prescribed period, and the request relates to one or more classes of goods or services included in the application, but not all, then only those affected by the request will be One or more categories are abandoned. Trademark applications that pass the formal examination will be published in the Trademark Gazette for 30 days. During this period, any third party can file an objection request against the published trademark. If there is no objection, the SIC will enter the substantive review stage of the trademark application. If the substantive review is passed, the application will be authorized and announced and a trademark registration certificate will be issued.

6. Documents required for trademark change/transfer:

• Name/address change information
• power of attorney
• transfer agreement
• Trademark registration certificate

7. Trademark cancellation

• If a registered trademark has not been used for three consecutive years, any relevant rights holder may request cancellation of the announced trademark.

8. Trademark objections

• Anyone can file an objection request against the announced trademark within 30 working days from the date of trademark announcement. In response to the objection request, the objected party will have 30 days to respond to the objection and can extend the period by 30 days to submit evidence.

9. Authorization, validity period and trademark renewal

• There are no trademark registration fees in Colombia, and registered trademarks are valid for 10 years from the date of registration. A trademark renewal request can be made within 6 months before the end of the term, or within 6 months after the expiration of the term. Expiration and non-renewal will not be reinstated.

10. Average time for trademark authorization

• If the registration goes smoothly, the average time for trademark registration in Colombia is 10-12 months.

11. Other matters needing attention

• Colombia can benefit from the special trademark system of the Andean Community, that is, the owner of an identical or similar trademark whose use of another trademark in connection with goods or services within the Andean Community is likely to cause confusion, as well as the person who first applied for registration of the trademark in any member state, have Legitimate interests in filing trademark oppositions in other Member States.
• Starting in 2018, Colombian trademark applications can request expedited examination, provided that:
  • Applications must be for a nominal, graphic or composite mark.
  • A list of goods or services pre-approved by SIC must be used exclusively.
  • If a fee reduction is requested, a request for expedited review cannot be made.
  • If the SIC finds that corrections are required during the review process, the trademark application may be returned to the normal procedure.
  • There are no additional fees for SIC's expedited examination, other than the established fees for trademark registration.