How to Know if a Trademark is Registered in Colombia?

Guide to determine if a trademark is registered in Colombia.

The registration of a trademark is not automatic. The application must undergo a substantive examination, during which the Superintendence of Industry and Commerce (SIC), the Trademark and Patent Office in Colombia, may find prior registrations, meaning other trademarks or slogans that may pose an obstacle to obtaining registration.

Therefore, before registering a trademark, it is advisable to determine if it is already registered in Colombia through a search of phonetic and graphic precedents to identify potential obstacles, such as identical or similar trademarks that identify identical or related products or services.

You may directly consult the database (SIPI) of registered or pending trademarks with the Superintendence of Industry and Commerce at this link. In this module, you will find the database of distinctive signs (trademarks, slogans, trade names, trade emblems, and apellations of origin) registered or pending in the Republic of Colombia. The purpose is for the public, in general, to know if a trademark is registered in Colombia or to check the updated status of their pending applications.

Instructions for Determining if a Trademark is Registered in Colombia:

1.    Enter the trademark and the class of products or services you intend to identify with it.

To correctly conduct a trademark search, you must specify the type of products or services you intend to identify with the trademark. The International Classification of Goods and Services (Nice Classification) is a system adopted by most countries for the trademark registration process and allows you to specify, precisely, the coverage of the sign of interest.

To access the Nice Classification, click here. However, our firm also recommends using the TMclass product and service search engine, which is officially used by the SIC and can be accessed at this link.

In most cases, it is not easy for a businessperson to classify the products or services to be protected through trademark registration. If you have difficulty with this classification, our firm, Cárdenas Vega Asesores, a leader in trademark registration in Colombia, will provide you with personalized, top-notch service and advice.

2.    If the search results do not show the trademark of interest as registered, additionally verify if there are similar signs.

3.    If the trademark you wish to use is already registered, we recommend trying other possibilities until you find an available option.

4.    Lastly, check the expiration date of the trademark that constitutes an obstacle to the sign of your interest, as once a trademark expires, its owner loses any exclusive rights over it.

For most users, interpreting the results of a trademark search that must be conducted before initiating the trademark registration process is not easy. Our firm can provide you with comprehensive advice on determining if a trademark is registered in Colombia.

It should be noted that some firms or unscrupulous attorneys offer "identical sign" searches for free in the market. For example, if someone is interested in registering the trademark "HABIANCA" for land transportation services, they may be informed that the sign is available for registration without considering that such a trademark will likely be denied by the SIC due to the pre-existence of the trademark AVIANCA, which identifies air transportation services.

Based on the results obtained, within no more than 24 hours, our firm, Cárdenas Vega Asesores, will provide you with a comprehensive analysis aimed at establishing the viability of obtaining your trademark and the various measures that can be adopted before initiating the registration stage. This analysis will include the main precedents found, a legal opinion on registrability prepared by an expert attorney, the likelihood of obtaining the registration of the trademark of your interest, and a list of subsidiary legal options to achieve the registration of the trademark of your interest.

To conduct a trademark search securely and reliably through a law firm of former Superintendence of Industry and Commerce officials, experts in trademark registration in Colombia, click here.

If you want to know if your trademark is registered or start a trademark registration process, contact us.