In order to protect and have rights over a trademark in Colombia, it has to be registered locally through the Superintendence of Commerce and Industry (SIC).
Colombia is a also member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.
If you register a combined trademark (which includes both word elements and figurative elements) in Colombia, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.
Opposition actions against trademarks in Colombia may be presented within thirty (30) business days from the date the application is published in the local trademark gazette.
Although it is not required to present proof or statements that a trademark is being used for it to be filed or granted registration, lack of actual use once a trademark has been registered may give way for third parties to present cancellation actions against a registered trademark. In order to avoid any possibility of this happening, a trademark should not go unused for more than three (3) years after the date it is successfully registered. Colombia is a member state of the Andean Pact (CAN), therefore, use of a trademark in order to prevent such actions may be done in any of the other member countries (Bolivia, Ecuador or Peru). Lack of use may be justified in certain circumstances.
A registered trademark in Colombia will be valid for ten (10) years. When the ten (year) period will be counted from will depend on whether the trademark was registered directly through the local trademark office or via the Madrid system. If the trademark is registered locally, the term will begin from the registration date. If the trademark was registered via the international trademark system, the ten (10) years will be from the international registration date. Trademarks may be renewed indefinitely every ten (10) years.
The trademark renewal can be requested as early as six (6) months before the expiration date. It can also be requested during the grace period of six (6) months after expiration, upon payment of a late renewal fee.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Colombia (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.
Once the trademark has registered, the trademarks office will issue a digital certificate of registration. No hard copy of this certificate is issued.