Trademark background application before the SIC

Trademark antecedents are a process by means of which it is verified if there are identical or similar trademarks that are registered or that have been applied for previously in order to carry out a study that determines the probability of success in the registration of the trademark. In Colombia, it is not mandatory to make this request to access the registration process, however, it is the most advisable.

The Superintendence of Industry and Commerce is the entity to which you must go to request the trademark background through the SIPI platform, which allows you to perform the search with or without the creation of a user.

How to apply for a trademark background before the SIC?

To perform the search without a user, you must access the website sipi.sic.gov.co. When entering, select the “Search” option in the Distinctive Signs module. This option takes you to the “Search for Distinctive Signs” window, where you can perform a first type of search by typing the application number and pressing the “Search” button.

On the other hand, to perform the search with a user, you must enter the web page of the Superintendence of Industry and Commerce, then look for the tab “Attention and services to citizens” at the top, click and look for “Virtual Industrial Property Office (SIPI)” and then click on “Register”, fill in the required data and follow the steps.

Once the account has been created, you must return to the “Virtual Industrial Property Office (SIPI)” tab and enter your username and password in the “Enter here” option. Subsequently, click on “Distinctive Signs” and then on “Search for a Distinctive Sign”. There the spaces must be filled in taking into account that:

1. A simple search can be performed by entering the file number of the application.
2. A more detailed search is possible by selecting the “Advanced Search” option and more search criteria will be available.
3. After performing the search you will obtain data such as: The file number, the certificate, the denomination, label, validity, status of the procedure and the holder of the consulted trademark in case it is registered.
4. If you want to know the documents that make up the file, click on the “Application Number”, on the documents tab and there you will be able to consult everything related to the trademark.

This procedure has a cost which varies depending on what the user requests, since it is possible to request background information on only one class of products or services or on several, or to request figurative background information in addition to the phonetic ones.

Finally, in accordance with article 28 of the Code of Administrative Procedure and Administrative Disputes, the results of the trademark background do not generate liability for the Superintendence of Industry and Commerce, since the aforementioned article indicates that the information provided by the entity will not be of mandatory compliance or enforcement.

Cybergraphy

https://www.agtabogados.com/blog/antecedentes-marcarios-que-son-y-como-buscarlos/#:~:text=The%20background%20marking%20consists%20of%20the%20brand%20being%20successfully%20registered%20. .

https://www.minjusticia.gov.co/programas-co/LegalApp/Paginas/Antecedentes-marcarios.aspx

https://www.sic.gov.co/node/80