Trademark Registration in Colombia and Internationally: 2025 Complete Guide and Lessons from the Frisby Case

Why Is Trademark Registration Important?

Registering a trademark is essential to protect your business identity and prevent third parties from using similar names or symbols that may confuse your customers. It also grants you exclusive rights to use the trademark nationally and internationally, strengthening your company’s value and reputation.

Trademark Registration in Colombia: Steps and Requirements

1. Preliminary Search: Before registering, check that there are no similar trademarks already registered. You can do this in the SIC Database.
2. Nice Classification: Determine the appropriate class for your products or services according to the International Nice Classification.
3. Application Submission: Complete the application form and submit the required documents to the Superintendence of Industry and Commerce (SIC).
4. Payment of Fees: Pay the corresponding registration fees.
5. Formal and Substantive Examination: The SIC will evaluate if the trademark meets the legal requirements and does not infringe on third-party rights.
6. Publication: If the application is accepted, it will be published in the Industrial Property Gazette for possible oppositions.
7. Granting of Registration: If there are no oppositions or they are resolved in favor of the applicant, the registration is granted for 10 years, renewable.

Ready to start your trademark registration process? Contact us for personalized advice.

International Trademark Registration: Madrid Protocol

The Madrid Protocol allows trademark owners in Colombia to extend protection to multiple countries by submitting a single international application through the SIC, in one language, with standardized fees, and without the need for a local agent in each designated country.

Steps for International Registration

1. Prior National Registration: You must have your trademark registered in Colombia.
2. Application Submission: Submit the international application to the SIC using the official MM2 form.
3. Designation of Countries: Choose the Madrid Protocol member countries where you want to protect your trademark.
4. Payment of Fees: Pay the corresponding international registration fees.
5. Follow-Up: WIPO and the intellectual property offices of the designated countries will evaluate your application.

Learn more about International Trademark Registration here.

Trademark Registration in the European Union

The European Union trademark grants its holder exclusive rights throughout the EU, providing uniform protection in all member states. This right is unitary, so it can only be applied for and granted for the entire EU.

Steps for EU Registration

1. Prior Search: Check for similar trademarks in the TMview database.
2. Application Submission: Complete the online form on the EUIPO portal.
3. Payment of Fees: The basic fee for one class is approximately 1,000 euros.
4. Examination and Publication: The EUIPO will evaluate the application and, if accepted, publish it for possible oppositions.
5. Granting of Registration: If there are no oppositions or they are resolved in favor of the applicant, the registration is granted for 10 years, renewable.

Frisby Case: Lessons on International Registration

In May 2025, Colombian fried chicken chain Frisby S.A. BIC faced a legal dispute in Spain. A Spanish company, Frisby España S.L., registered the name "Frisby" in the European Union and began using similar visual elements, causing confusion among consumers.

Although Frisby Colombia registered its trademark in the EU in 2005, it failed to demonstrate effective use in that territory. According to EUIPO regulations, a trademark can be revoked if not used commercially for five consecutive years.

Lessons from the Frisby Case

• Effective Use: It is crucial to actively use the trademark in countries where it is registered to avoid cancellation for non-use.
• Monitoring and Defense: Monitor for unauthorized uses of your trademark and act quickly to defend it.
• International Legal Advice: Specialized legal advice in international intellectual property is essential to protect your trademark in different jurisdictions.

Benefits of Registering Your Trademark

• Legal Protection: Prevents others from using your trademark without authorization.
• Commercial Value: A registered trademark can increase your company’s value.
• Recognition: Facilitates customer recognition and loyalty.
• International Expansion: Eases registration in other countries through treaties like the Madrid Protocol.

Key Tips for Successful Registration

• Originality: Choose a distinctive and easy-to-remember name.
• Legal Advice: Consult with intellectual property experts to avoid mistakes in the process.
• Continuous Use: Use the trademark constantly to avoid cancellations for non-use.

Why Choose Servicio Legal SAS for Your Trademark Registration?

At Servicio Legal SAS, we have a team of lawyers specializing in intellectual property who will guide you through each step of your trademark registration process in Colombia and abroad. Our experience and commitment guarantee an efficient and secure process.

Request your free consultation and protect your trademark today with Servicio Legal SAS.

Frequently Asked Questions

How long does the registration process take in Colombia?
Approximately 12 to 16 months, depending on possible observations, requirements, oppositions, or appeals.

Can I register a trademark if a similar one already exists?
It depends on the degree of similarity and the class involved. It is advisable to conduct a prior search and consult an expert.

What happens if I do not use my registered trademark?
If you do not use your trademark for five consecutive years, it may be cancelled for non-use.

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