- North & South America
2. The current trademark regulations in Colombia are mainly based on Resolution 486 of the Andean Community Commission, which came into effect on December 13, 2000. Since December 11, 2014, Colombia has implemented trademark law reform. Starting from January 1, 2015, the amendment to the Trademark Law was implemented, simplifying the trademark registration process and adding obligations for trademark use.
3. The trademark affairs are uniformly managed by the Industrial Property Office of Gobia, and the official language is Spanish.
4. The trademark registration in Colombia follows the principle of "application first".
5. Symbols, text, images, sounds, letters, numbers, images, logos, portraits, labels or colors and their combinations can be applied for as text trademarks, graphic trademarks, mixed trademarks, 3D trademarks, sound trademarks, olfactory trademarks, multimedia trademarks, etc. Accept trademark applications with multiple categories.
6. It should be noted that registered trademarks must be used for chemical, pharmaceutical, medical equipment, veterinary supplies, and food categories.
Colombia is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention; As a member state of the Madrid Protocol, trademark registration can be handled through "single country registration" or Madrid International Registration ".
The trademark is valid for 10 years and can be applied for renewal registration. Each renewal registration is valid for 10 years. After the expiration of the validity period of the trademark, if it needs to be continued to be used, an application for renewal registration should be made within six months before the expiration. If it meets the requirements after examination, a certificate of trademark renewal will be issued and announced. If the renewal procedures are not completed upon expiration, the registered trademark shall be cancelled. Except in cases where prior rights holders or interested parties raise objections.
1. Applicant information: name, address, etc;
2. List of goods and services and their respective categories;
3. Trademark design. If the trademark has special graphic elements, shapes, or colors, or is a graphic trademark, mixed trademark, or three-dimensional trademark, a copy of the trademark is required;
4. The power of attorney for trademark agency can be submitted within 60 days from the applicant;
5. To declare priority, a scanned copy of the priority document verified and translated into Spanish is also required.
The main process for applying for registration of a trademark in Colombia is: application, acceptance, litigation, examination, approval, and issuance of a certificate.
After 1-2 weeks of application submission, the Property Rights Office will conduct a formal review to examine whether the application requirements and classification information comply with regulations. After the review is approved, an announcement will be arranged. The 30 working days from the announcement date is the objection period, and any interested party or prior right holder may raise objections.
If there are no objections or objections are not established during the announcement period, the Industrial Property Office will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After the substantive examination is passed, the registration can be approved and a registration certificate can be issued. If the examination cannot be passed, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice
If everything goes smoothly, trademark registration in Colombia currently takes about one year. If there are objections or rejections midway, the time will be greatly extended.
It should be noted that, unlike most countries, Colombia adopts a pre announcement procedure, which involves first announcing for third-party opposition and then conducting substantive examination. Therefore, even if the opposition procedure is successfully passed, it does not necessarily mean that the trademark will be successfully registered.