WHY IS IT IMPORTANT TO REGISTER A TRADEMARK?

Nowadays, there are many companies that emerge, products that are offered and services that are provided; entering a market can be laborious. How can I attract the attention of future clients? This is where the brand comes into play.

The trademark is the set of distinctive signs of a company, by distinctive signs can be understood, figures, colors, typographies and in certain instances smells and textures that represent a company.

All this arises from the value proposition that the company defines, this includes how we see ourselves, how we behave, what values are important to us and how we differentiate ourselves from the competition; when these concepts are clear, we can begin to design the brand that reflects these decisions.

A good brand is one of the intangible assets that a company can have, since it allows:

• Differentiate yourself from the competition.
• Generate public recall.
• To be a leader in the sector.
• Possibility of worldwide expansion.

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Unfortunately, there are people who can take advantage of the recognition of an already established brand, and can imitate them, thus generating confusion among customers and losses for companies.

Fortunately, there is the trademark registration, this action allows to protect the trademark, acquiring the rights over them, that is, only the person (natural or legal) that registers the trademark can use it, therefore, receive the benefits that it generates, this allows that third parties cannot use your trademark, or must ask for permission to use it.

As part of the industrial property, trademarks can be registered before the Superintendence of Industry and Commerce (SIC), for only 10 years, a period that can be renewed indefinitely; It must be taken into account that this registration is only valid within the Colombian territory, if you wish to internationalize your trademark, through an international trademark registration filed with the World Intellectual Property Organization (WIPO), which once granted, protects your trademark in the countries that are registered with the organization, you will have the security to enter in those countries and still be able to keep the rights of your trademark.

How to register a trademark?

This process applies to register your trademark in Colombia.

First of all, it is suggested to request a trademark background registration, this will allow you to have an overview of the sector in which your company will operate and see which trademarks are already registered, so you can avoid such combinations and speed up the process.

Second, you will have to choose your brand, what letters, sounds, colors, images and shapes it will have.

Third, classify your products or services according to the NIZA international classification and give a description of each of them.

Fourth, you must pay the official fee; this value is assigned annually by the SIC, for 2020 the official fee is $954,500 pesos for first or single class trademark registrations and $477,000 pesos for additional class trademark registrations in the same application; these values are valid if the payment is made through the Internet.

Fifth, fill out the corresponding form, this form can be requested at the SIC headquarters or through its web portal.

Sixth, submit the application with all the documents mentioned above and attach additional documents:

• Receipt of payment of official fees.
• Brand artwork or logo.

This process can be done at the headquarters of the Superintendence of Industry and Commerce, or online through its website, if you need help with the registration of your trademark, in Servicio Legal we can advise you on the procedures and documents required, please contact us through our website.