The procedure of registering a trademark in Colombia begins with an application to the Colombian Trademark Office. If no official actions or opposition are filed, the entire process can be completed in six months.
The Superintendence of Industry and Trade is the name of Colombia’s trademark office. This government agency is in charge of trademark registration and protection in Colombia. The entire operation is conducted in Spanish, and as a foreigner, you will require the services of a Colombian trademark attorney.
Conduct a trademark search
We recommend conducting a trademark search in Colombia before filing a trademark application. This search will show you whether there are any other trademarks in Colombia that are identical or similar to yours. A basic search can be done immediately in the Colombian trademark database.
Filing the trademark application
The office will take roughly two weeks to publish your application after you submit it in its complete. They will issue an office action if they find a problem with the formalities or classification of your trademark application. This first office action requires a response within sixty days. You should respond to this office action as soon as possible; otherwise, the trademark will be deemed unregistered.
Colombia is highly accommodating when it comes to Powers of Attorney; all you have to do is sign the POA online. At this stage, no apostille or legalization is required.
Opposition
When the application is published in the Colombian Intellectual Property Gazette, the opposition period begins. Third parties shall have thirty days from the date of publication to file oppositions. For submitting further proof, this timeframe can be extended for another thirty days.
After that, the applicant will have the same amount of time to respond to the opposition. Although you are not required to respond to the opposition, it is usually preferable to provide your counter-arguments.
Examination
After the opposition time has ended, the application will be handled by a trademark examiner. At this point, the examination will consider the opposition, relative and absolute denial grants, as well as doing a trademark search.
The trademark will be given for ten years if he considers everything to be in order. You will receive a trademark certificate for the next ten years.
Otherwise, an office action will be issued by the examiner. This is a regular occurrence because Colombian examiners are extremely sensitive to similarities, and they frequently use identical brands as a reason to reject an application. This is especially true for trademarks registered in Colombia under the Madrid Protocol. The applicant will be given a month plus ten days to respond.
Trademark renewal
From the date of grant, your trademark will be valid in Colombia for ten years. You must file a renewal application and pay a renewal fee six months before or after the ten years. You can renew your trademark as many times as your firm requires.
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