In this complete guide, we explain step by step how to register a trademark in Colombia.
What is Trademark Registration?
The registration of a trademark is a fundamental process for any individual or company that wants to protect its identity and differentiate itself from the competition in the market.
The SIC
In Colombia, the Superintendency of Industry and Commerce (SIC) is the entity in charge of receiving and processing trademark applications.
What is a Trademark and why is its registration important?
Before going into detail on the process of registering a trademark, it is important to understand what a trademark is and why its registration is essential for any company.
A trademark is a distinctive sign that identifies and differentiates products or services in the market.
It can be a word, a name, a symbol, a design, a sound, a combination of these elements, among others.
The registration of a trademark grants its owner the exclusive right to use it in the Colombian territory, which allows him to protect his identity and prevent third parties from using it without authorization.
Requirements to Register a Trademark in Colombia
To register a trademark in Colombia, it is necessary to comply with the following requirements:
To have legal capacity to contract.
To have a distinctive sign that complies with the registration requirements.
Pay the corresponding fees.
In addition, it is advisable to perform a prior search in the SIC ‘s database of registered trademarks to ensure that there are no similar or identical trademarks to the one to be registered.
Trademark Registration Process in Colombia
The process of registering a trademark in Colombia consists of the following steps:
Step 1: Submission of the application
The first step is to file the trademark application with the SIC.
The application can be made in person at the entity’s headquarters or virtually through the web portal.
It is important that the application contains all the necessary information and complies with the requirements established by the SIC.
Step 2: Form Examination
Once the application is filed, the SIC performs a formal examination to verify that it complies with all the requirements established by law.
If the application is accepted, it is published in the Industrial Property Gazette so that third parties may oppose the registration within 30 days.
Step 3: Background Examination
Once the opposition period has elapsed without any objections having been filed, the SIC conducts a substantive examination to verify that the trademark complies with the registrability requirements established by law.
This examination may include a background search, an assessment of the distinctiveness of the sign and a review of the list of goods or services applied for.
Step 4: Issuance of the Resolution and Certificate of Registration
If the SIC considers that the trademark complies with the registrability requirements, it issues a resolution granting the registration of the trademark and issuing the corresponding registration certificate.
This certificate is valid for 10 years, renewable for successive periods of the same duration.
Costs and Processing Time
The cost of the registration of a trademark in Colombia varies depending on the filing method (in person or online) and the number of classes of goods or services included in the application.
In general, costs range from 400,000 to 600,000 Colombian pesos.
The duration of the process can vary between 6 and 12 months, depending on the complexity of the application and the number of oppositions or appeals filed during the process.
It is important to note that, during this period, the trademark may be used in the market, but without the exclusive right granted by the registration.
Therefore, it is advisable to register as soon as possible to protect the company’s identity.
Scope of Trademark Registration
The registration of a trademark in Colombia grants its owner the exclusive right to use it in the Colombian territory for the products or services included in the application for registration.
This means that if someone uses the trademark without authorization of the owner, the owner can take legal action to defend its rights.
It is important to keep in mind that the registration of a trademark does not automatically protect its use in other countries.
To obtain protection in other territories, it is necessary to register in each of them.
Conclusion
In conclusion, the registration of a trademark is a fundamental process for any company that wants to protect its identity and differentiate itself from the competition in the market.
In Colombia, this process is regulated by the SIC, which is the entity in charge of receiving and processing trademark registration applications.
To register a trademark in Colombia, it is necessary to comply with a series of requirements and follow a process that consists of several steps.
If properly carried out, the registration of a trademark may grant its owner the exclusive right to use it in the Colombian territory, which allows him to protect his identity and prevent third parties from using it without authorization.
Cybergraphy
Superintendence of Industry and Commerce (SIC): https://www.sic.gov.co/tramites-y-servicios/registro-de-marca
Trademark registration in Colombia – Step-by-step guide: https://www.derechodeautor.gov.co/documents/10180/160716/Registro+of+trademarks+in+Colombia+-%20Gu%C3%ADa+step+by+step.pdf/cd3b1f95-9557-8d9f-71f5-e5a5f2071030
Colombian Industrial Property Law: http://www.secretariasenado.gov.co/senado/basedoc/ley%5F0019%5F2012.html