The primary legislation governing trademarks in Colombia is the Andean Decision 486/2000, which is a regional law that applies to all Andean Community member states (i.e., Bolivia, Colombia, Ecuador and Peru). This law has been adopted through local legislation in each country of the Andean Community, for regulating the protection and enforcement of IP rights.
As per Section 146 of the Andean Decision 486/2000, any third-party having a legitimate interest can file opposition against any application within 30 days of the publication of the same, and may request an additional period of 30 days to file evidence / supporting documents (if required).
Once an opposition has been filed, the same is communicated to the Applicant, who is required to submit his arguments within 30 days. The Applicant may request an additional period of 30 days to file evidence / supporting documents (if required).
Thereafter, the matter will be decided after taking into consideration the submissions and evidences of both parties.
FAQs on Trademark laws in Colombia
List of trademark laws in Colombia
What is the relevant Trademark Authority in Colombia?
The relevant trademark authority that processes trademark application is the Superintendence of Industry and Commerce- a Government Agency operating the Colombian Trademark Office (CTO).
What is the process for trademark registration in Colombia?
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.
Can a multiclass trademark application be filed in Colombia?
Yes, multiclass applications are allowed in Colombia.
Is Colombia part of Madrid protocol for trademark application?
Yes, Colombia is member of the Madrid International Trademark System.
On what grounds can a trademark be objected or refused in Colombia?
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.
What is the period for filing a notice of opposition or opposing a trademark in Colombia?
A registered trademark may be opposed within 30 day publication period.
How much time does it take for a trademark to get registered in Colombia?
If no objection arises a trademark is normally registered within 8-10 months.
What is the term for which a trademark is registered in Colombia?
A trademark is registered in Colombia for a period of 10 years from the date of registration and is renewable after every 10 years.
Can a priority trademark application be field in Colombia?
Yes, a priority trademark application can be filed in Colombia
What is the fee to file a trademark application in Colombia?
The official fee for filing a trademark in Colombia is approximately USD330 in one class.
Can 3D marks be registered as trademark in Colombia?
Yes, certain shapes having three dimension are registrable in Colombia.
Are non-traditional marks like sound, colour or combination of colours registered as trademark in Colombia?
Yes, Colombian Trademark Law recognizes non- traditional marks like sound, motion, smell, trade dress, colours having shape etc.
Are well-known trademarks recognized in Colombia?
Yes, special protection is accorded to well-known and famous marks in Colombia.
Is there a provision to file trademarks online in Colombia?
Yes, a trademark can be filed electronically in Colombia.
What are the documents required for filing a trademark application in Colombia?
The documents required for filing a trademark application in Colombia are:
- 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.
Can a trademark be cancelled in Colombia?
Yes, a trademark can be cancelled in Colombia on the ground of non-use.
What are the conditions for cancellation of a trademark in Colombia?
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.
Is there a requirement for showing proof of use while filing a trademark application in Colombia?
No, a trademark in Colombia can be filed on “intent to use” basis.
Can a lapsed or non-renewed trademark be restored in Colombia?
Renewal of a trademark may be requested during the validity term or within six months after the expiry of renewal.