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Trademark Colombia 2017-12-30T00:04:48+00:00

A trademark is a distinctive sign, symbol or expression used to identify the products or services of a company from those of another. It guarantees the genuineness of the product of service, and gives its holder the legal rights to avoid their trademark’s unauthorized use.

  • It is the only way of obtaining rights to the trademark.
  • It provides national and/or local protection.
  • It allows demonstrate ownership of the trademark.
  • It helps discourage other people from using the trademark unlawfully.
  • Trademarks allow your business to effectively utilize the social media and make your customers find you easily.
  • If anyone uses your registered trademark, he/she will be presumed to be a willful infringer, and registering a trademark confers the ability to recover monetary damages as a result of the infringement.
  • If you don’t register your trademark and someone else registers a trademark very similar to yours, you’ll have to change its name and spend a lot of money changing advertising. It’s also possible that you lose customers.
  • Words
  • Names
  • Devices
  • Certain three-dimensional shapes
  • Colors
  • Slogans
  • Sounds
  • Smells (olfactory trademarks)
  • Trade dress/get-up
  • Holograms
  • Taste
  • Motion
  • Touch

Trademark protection in Colombia lasts 10 years from the granting date and can be renewed indefinitely every 10 years. A renewal application must be filed within six months before expiration date.

The approximate time to complete the trademark registration process (for a prosecution without an opposition) is six to nine months.

The opposition period begins on the publication date of the application and ends 30 working days after the publication date.

  • Name and address of the applicant.
  • State or country of incorporation.
  • Trademark description.
  • List of the specific goods or services in respect to which the trademark protection is being applied for.
  • Trademark representation.
  • A signed power of attorney may be required during the prosecution stage (it may be digital).
  • Official filing fee.
  • Joint applicants are permitted in Colombia.
  • Periodic statements of use are not necessary.
  • Local address for service must be provided if the applicant is not domiciled in this jurisdiction.
  • The list of goods and services may specify a list of the common commercial names for the specific goods or services of interest.
  • All documents must be translated into Spanish.
  • All signed documents must be apostilled.
  • Colombia uses the Nice Classification System as a general guide, but not precisely.
  • In Colombia, the type of registration available is national and international.
  • Colombia is a member of the Paris Convention, the Trademark Law Treaty and the Madrid Protocol.
  • European Union Trade Mark registration is not effective in Colombia.
  • Multinational regional registrations are not available in Colombia.
  • Applications cannot be filed online.
  • The official file can be accessed online.

If your trademark has been successfully registered and it is time for you to renew it, you can start the procedure six months before the expiration date. There is a six-month grace period to renew the trademark after the expiration date.

If you do not renew on time, you will need to file a complete new application.

No proof of use is required for renewal. Once renewed, it will be valid for another ten-year period starting from the previous expiration date.

Trademark renewal requirements:

  • Name and address of the applicant.
  • Trademark description.
  • List of goods or services provided.
  • Power of Attorney.
  • Trademark registration number.

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