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Trademarks in Colombia

trademark-colombia-faq (19)

The relevant trademark authority that processes trademark application is the Superintendence of Industry and Commerce- a Government Agency operating the Colombian Trademark Office (CTO).

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Once a trademark is filed, the same is subject to verification of minimum filing requirement and thereafter is published. After Publication the mark is examined by the trademark office and if there is no objection then the same is registered.

Post registration a mark is subject to opposition by third parties.

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Yes, multiclass applications are allowed in Colombia.

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Yes, Colombia is member of the Madrid International Trademark System.

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A trademark will be refused registration in Colombia on specific absolute grounds and if they are generic and non-distinctive.A trademark will be refused registration in Colombia on specific absolute grounds and if they are generic and non-distinctive.

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A registered trademark may be opposed within 30 day publication period.

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If no objection arises a trademark is normally registered within 8-10 months.

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A trademark is registered in Colombia for a period of 10 years from the date of registration and is renewable after every 10 years.

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Yes, a priority trademark application can be filed in Colombia

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The official fee for filing a trademark in Colombia is approximately USD330 in one class.

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Yes, certain shapes having three dimension are registrable in Colombia.

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Yes, Colombian Trademark Law recognizes non- traditional marks like sound, motion, smell, trade dress, colours having shape etc.

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Yes, special protection is accorded to well-known and famous marks in Colombia.

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Yes, a trademark can be filed electronically in Colombia.

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The documents required for filing a trademark application in Colombia are:

  • Trademark
  • Specification of goods or services
  • Priority documents if priority is being claimed
  • POA (Power of Attorney)

Please note that it is not mandatory to legalize or notarize the POA.

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Yes, a trademark can be cancelled in Colombia on the ground of non-use.

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Cancellation based on non-use can be commenced by a third party.

The cancellation proceedings can be initiated for 3 years of non-use from date of registration of the mark.

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No, a trademark in Colombia can be filed on “intent to use” basis.

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Renewal of a trademark may be requested during the validity term or within six months after the expiry of renewal.

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