Trademark Registration in Colombia, protecting intangible assets

For legal directors and corporate stakeholders, protecting industrial property is a strategic priority. In Colombia, the registration of distinctive signs not only grants exclusivity but also shields the company's commercial value against competitors and third parties.

1. Competent Authority and Jurisdiction for Trademark Registration

The administrative process is managed exclusively by the Superintendence of Industry and Commerce (SIC). The protection granted is national in scope and provides an exclusive right for a term of 10 years, indefinitely renewable for equal periods.

Digital Management via SIPI

Filings and monitoring are conducted through the Industrial Property System (SIPI), allowing for centralized and efficient management of corporate records.

2. Trademark Typologies and Protection Strategy

Colombian legislation allows for the protection of various manifestations of corporate identity:

• Word Marks (Nominative): Protect the literal or phonetic expression.

• Figurative Marks: Protect the visual component or graphic design without text.

• Combined Marks (Mixed): A combination of word and graphic elements (the standard for the B2C sector).

• Non-Traditional Marks: Includes sound, olfactory, color-delimited, and three-dimensional marks (the shape of the product or packaging).

3. Trademark Watch and Opposition Period

A critical phase for the legal department is monitoring the Industrial Property Gazette.

• Publication: After the formal examination, the application is made public.

• Opposition Period: Third parties with a legitimate interest have 30 business days to file oppositions based on grounds of non-registrability (relative or absolute).

• Active Monitoring: It is imperative to have watch protocols in place to prevent trademark dilution or the registration of confusingly similar signs.

4. Granting of Rights and Obligation of Use

The Grant (Concesión) is the administrative act that perfects the property right. However, Andean regulations impose a "burden of use" on the holder.

Cancellation for Non-Use

If a trademark is not effectively used in the market for a period of 3 consecutive years, any interested third party may initiate a Cancellation Action. Failure to provide evidence of use leads to the total loss of priority and rights over the sign.

5. Internationalization: Paris Convention and Madrid Protocol

For companies with a global vision, simplification and priority mechanisms are available:

Right of Priority (Paris Convention)

Companies have a term of 6 months from the filing date in Colombia to apply for the same trademark in other member countries while maintaining the original priority date.

International Registration via Madrid Protocol

Colombia allows for the management of international portfolios through a single application before the SIC. This system facilitates protection in over 125 countries, centralizing payments and renewals before the World Intellectual Property Organization (WIPO).

We also offer trademark registration in the Peru, United States, Spain, and more than 150 other countries.

Ready to protect your brand? Contact us to get started today.

• USD