A trademark is a name, design or symbol that identifies a company’s products or services. The Trademark Registration in Colombia can be processed by any natural or legal person and is carried out before the Superintendence of Industry and Commerce.
It is different to register your company before the Chamber of Commerce and to register your trademark before the Superintendence of Industry and Commerce. The Mercantile Registry or Registration of Companies is a mandatory procedure for all merchants, it means that your company is legal and authorized for its commercial exercise. In contrast, the Trademark Registration means that your trademark is protected and you are granted the exclusive right to use it in Colombia: products, goods or services.
Before starting the process of Trademark Registration in Colombia
Perform a trademark background search to determine if the mark to be registered is available for registration and not to be confused with other marks that are already registered or in the process of registration.
In the SIPI (Industrial Property System) of the SIC, you can consult the database where registered or pending trademarks appear.
In addition to this, you must identify what type of goods or services are related to the trademark you want to register, this is done according to The Nice International ClassificationThe brand’s coverage can be identified according to the products and services with which the brand is identified.
We invite you to explore the
TMclass
It will help you to search and classify products and services.
It is worth mentioning that this trademark background search also includes the graphic and nominative part of the trademark, in order to determine if any of the registered or pending trademarks can be confused with the one to be registered.
After this trademark background search, the process of registering a trademark normally takes between 6 and 8 months if there are no additional changes during the process.
Trademark Registration Process in Colombia
1. Completion of the form
To access the trademark registration process, a form must be filled out, which requests the following information.
- Identification of the applicant
- Determine the classes in which the trademark will go, in order to identify the services or products of the trademark.
- Brand artwork or logo
This form must be requested from the SIC (superintendence of industry and commerce).
Examination of trademark application
Once the application is filed, the superintendency verifies that the minimum requirements are met, that the trademark is well identified, that it corresponds to the classes, that the logo is correct and that the label matches the denomination being presented.
Publication of the application submitted
If the trademark registration application complies with the formal requirements, the SIC publishes it in the Industrial Property Gazette, so that third parties who have registered trademarks and consider that the new trademark being filed for registration may infringe their rights, may present their arguments and give the reasons why such trademark could not be registered.
Oppositions of third parties before the trademark registration process
If oppositions are filed, the applicant is informed of said oppositions and is granted a period of time to present evidence and present arguments as to why the trademark should be registered. This in the event of third party oppositions.
Substantive review of the trademark application
After this, it enters the substantive study, where the Superintendency corroborates the trademark filed for registration with the database and thus verifies if it generates confusion with some of the trademarks that are pending or registered.
Afterwards, the Superintendency issues a resolution approving the registration. If the registration is not approved, there is a term for the applicant to file an appeal in which it presents its arguments for the Superintendency to reconsider its decision.
What does it mean if your trademark is already registered? This means that for 10 years your trademark is protected and you have the exclusive right to use it, thus preventing third parties from using your trademark.
At Servicio Legal, we have expert lawyers in Trademark Registration in Colombia, who can help you with the whole process of National or International Trademark Registration.
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