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[1].
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[2], and may request an additional period of 30 days to file evidence / supporting documents (if required)[3].
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.
[2] https://www.wipo.int/wipolex/en/text/223717
[3] https://www.ip-coster.com/IPGuides/trademark-colombia
FAQs on Trademark laws in Colombia
List of trademark laws in Colombia
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Renewal of a trademark may be requested during the validity term or within six months after the expiry of renewal.
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.
Yes, a trademark can be cancelled in Colombia on the ground of non-use.
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.
Yes, special protection is accorded to well-known and famous marks in Colombia.
Yes, Colombian Trademark Law recognizes non- traditional marks like sound, motion, smell, trade dress, colours having shape etc.
Yes, certain shapes having three dimension are registrable in Colombia.
The official fee for filing a trademark in Colombia is approximately USD330 in one class.
A trademark is registered in Colombia for a period of 10 years from the date of registration and is renewable after every 10 years.
If no objection arises a trademark is normally registered within 8-10 months.
A registered trademark may be opposed within 30 day publication period.
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.
Yes, Colombia is member of the Madrid International Trademark System.
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.
The relevant trademark authority that processes trademark application is the Superintendence of Industry and Commerce- a Government Agency operating the Colombian Trademark Office (CTO).