How to Overcome a Provisional Refusal for a Trademark Application Filed Through the Madrid Protocol in Colombia?

If your trademark application filed through the Madrid Protocol has been provisionally refused in Colombia, you may consider the following steps to overcome the refusal.

First, you will need the assistance of a local attorney, who is familiar with Colombian trademark law, to respond to the provisional refusal.

Our advises to respond to a provisional refusal for a trademark application in Colombia are:

Review the grounds for refusal: Carefully review the reasons for the refusal and assess whether there are any substantive or procedural deficiencies in your application.

The main reasons for a provisional refusal are:
a. Form examination: 1) The description of the products or services is too vague or has errors; 2) There are errors in the colors claimed as a feature of the mark.
b. Opposition of third parties.
c. Likelihood of confusion with a prior registered trademark.

Respond to the refusal: Prepare a response to the refusal by addressing the issues raised in the refusal.

Provide evidence: If the refusal is based on substantive grounds, you may need to provide evidence to support the distinctiveness of your trademark or show that there is no likelihood of confusion with a prior registered trademark.

Attend to deadlines: Make sure to comply with the time limits set by the Colombian Intellectual Property Office (SIC) for responding to the refusal.

Consider an appeal: If your response is not successful, you may consider filing an appeal before the Colombian Intellectual Property Office (SIC).

It is important to note that the process of overcoming a provisional refusal can be complex and time-consuming, and it may be beneficial to seek professional advice to improve your chances of success.

If you are looking for an expert attorney to respond a provisional refusal in Colombia, please contact us.