Trademark application before the SIC
The following is called a trademark a category of distinctive sign that identifies the goods or services of a company or entrepreneur. This allows consumers to identify the product or service and remember it, so that they can differentiate it from the same or a similar one offered by another company. In Colombia, any natural or legal person may be the owner of a trademark.
The SIC provides that prior to the filing of the application, the following aspects must be taken into account:
- Choose the brand.
- Classify the goods or services: You must choose the goods or services that will distinguish the trademark and classify them according to the Nice International Classification, which is a classification of goods and services that is applied for the registration of trademarks.
- Perform a trademark background search: To verify if there are registered or previously applied for the same or similar trademarks that identify the same or similar products or services.
- Payment of the official fee. The rates are unique. In other words, they only have to be paid once, specifically, at the time the application is submitted.
- Completion of the corresponding form.
The application may be filed electronically at the Virtual Industrial Property Office SIPI or physically at the attention points of the Superintendence of Industry and Commerce.
The required documents are:
- If the applicant acts through an attorney-in-fact, the power of attorney must be attached.
- If the application is made through SIPI, payment will be made by PSE.
- If the mark applied for is mixed, figurative or three-dimensional, the form must be accompanied by an artwork of size: 8cm x 8cm.
- It is recommended, but not mandatory, that physical trademark applications be filed in a yellow folder, to help differentiate them from other filings such as those for trade names and trademarks or patents. If the applicant decides to accompany the application with such folder, it must contain the following data: name and address of the applicant, trademark applied for, class of the International Nice Classification to which it belongs and name of the legal representative or attorney-in-fact, if applicable.
Once the application is submitted, the process begins with the formal study, which verifies compliance with all the requirements set forth in the legislation within the following 15 working days. In the event that the requirements are not met, the applicant will be required to complete the requirements within 60 working days; if no response to the requirement is given, it is understood that the procedure has been abandoned.
Once the formal examination has been completed, the next stage of the process is publication, which allows other owners to oppose the trademark application. In case of opposition, this must be answered by the applicant within 30 working days and then resolved at the Facilitation hearing.
Finally, the substantive or registrability examination is carried out to determine whether the trademark meets the legal requirements for registration or not. Appeals may be filed against this decision. The status of the procedure can be consulted at the following link: https://sipi.sic.gov.co/sipi/Extra/Default.aspx?sid=638222512837483239