Trademark Registration in Colombia

This page provides a comprehensive and detailed description of each step involved in applying for trademark registration in Colombia.

1.    What is a trademark?

Before understanding the trademark registration procedure, it is necessary to define what a trademark is. A trademark is a sign that differentiates the products or services of one company from those of another.

If you would like more information on what a trademark is and the benefits of registering it, we invite you to visit the following link: What are trademarks? / Why is it important to protect trademarks?

2.    Key considerations for the trademark registration process.

Before initiating a trademark registration process, the following aspects must be considered:

2.1 Selecting the sign for trademark registration.

Before proceeding with trademark registration, you must choose a sign that serves as a good identifier for the products or services to which the trademark will be applied, according to the needs of the business owner.

If you would like more information on the most common types of trademarks and what can be registered as a trademark, we invite you to visit the following link:  Types of trademarks.

2.2 Understanding the applicable regulations for trademark registration.

The applicable regulations in Colombia regarding the trademark registration procedure are contained in Articles 134 and following of Decision 486 of 2000, as well as in the Single Circular of the Superintendence of Industry and Commerce (SIC).

2.3 Identifying the products or services to be protected through trademark registration, according to the International Nice Classification.

In the trademark registration process, it is necessary to specify the type of products or services that the trademark to be registered will identify. The International Nice Classification is a system for classifying products and services, adopted by most countries, that is applied to the trademark registration process and allows for precise specification of the scope of the sign of interest.

In accordance with the provisions of the International Nice Classification, there are 45 classes of products and services. The protection granted to a registered trademark only covers the products or services detailed at the time of filing the trademark registration application, which means that two identical trademarks can coexist in different classes of products or services.

Each class of products or services to be protected is subject to the payment of official fees to the Superintendence of Industry and Commerce. Therefore, greater protection requires a greater investment.

To learn about the International Nice Classification, click here. However, our firm also recommends the TMclass search tool, which can be accessed at this link.

In most cases, it is not easy for a business owner to classify the products or services they intend to protect through trademark registration. If you have difficulty making this classification, our firm, Cárdenas Vega Asesores, a leader in trademark registration in Colombia, will provide personalized, top-level advice.

2.4 Verifying that the trademark of interest is not already registered, through a trademark search.

Trademark registration is not an automatic process. Before proceeding with trademark registration, it is advisable to conduct a trademark search to identify potential obstacles, such as previously registered or pending trademarks that may pose a risk of confusion with the sign of interest, i.e., identical or similar trademarks that identify identical or related products or 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 determining the feasibility of obtaining your trademark and the different measures that can be taken before initiating the registration process. This analysis includes the main findings, a legal opinion on registrability prepared by an expert attorney, and the likelihood of obtaining registration for the trademark of your interest.

Similarly, you can directly consult the database of registered or pending trademarks with the Superintendence of Industry and Commerce. However, it is not easy to interpret the results of the trademark search that must be conducted before initiating trademark registration, so our firm can assist you with this search using our advanced sign comparison systems.

2.5 Payment of official fees.

To access the trademark registration procedure, the Superintendence of Industry and Commerce establishes an annual official fee.

Currently (as of 2024), the official fees of the SIC for the online trademark registration procedure are as follows: 

• Application for trademark registration (first or only class): $1.219.000 COP (Colombian pesos).
• Application for trademark registration (additional class in the same application): $609.500 COP (Colombian pesos).

Our firm, Cárdenas Vega Asesores, in order to facilitate the trademark registration process for its clients, includes the official fee corresponding to the trademark registration application in the invoice issued for the contracted service, and then transfers it to the SIC.

It is worth noting that the official fees are paid only once during the entire trademark registration process and cover all stages of the procedure: 1) application submission, 2) formal examination, 3) publication, 4) third-party oppositions, 5) substantive examination, and 6) issuance of the registration certificate, which will be explained later.

2.6 Completing the application form.

To access the trademark registration procedure, an application form must be completed with the following information:

• Complete applicant information: Name or corporate name, identification document, address, telephone, email, country, state, and city. It should be noted that the applicant can be any individual or company.

• The name of the trademark to be registered.

• The class of the International Nice Classification to which the products or services to be identified belong.

• A clear description of the products or services to be identified, in detail.

In addition, the trademark registration application must be accompanied by the following documents:

• Proof of payment of official fees.

• Trademark design or logo to be registered.

• Power of attorney: It is worth noting that the power of attorney does not require notarization or legalization or apostille.

3.    Stages of the trademark registration procedure.

Our firm, Cárdenas Vega Asesores, is responsible for the execution and monitoring of all stages of the trademark registration process, providing you with reports as each stage progresses.

3.1 Filing the trademark registration application.

The trademark registration application must be submitted to the Superintendence of Industry and Commerce. Once the trademark registration application is filed, it has a priority right from the date and time of its submission, compared to subsequent trademark registration applications.

As soon as the trademark registration application of your interest is filed by our firm, Cárdenas Vega Asesores, you will receive a report with the corresponding filing receipt, and we will begin monitoring the process.

3.2 Formal examination of the trademark registration application.

Within 15 days from the date of submission of the trademark registration application, the Superintendence of Industry and Commerce conducts a formal examination to verify that it has been correctly submitted.

If the trademark registration application has a formal error, the national office will issue an official requirement, which is communicated through the SIPI. It should be noted that this requirement is not communicated personally, and if it is not answered by correcting the formal errors identified by the entity, the trademark registration will be declared abandoned.

3.3 Publication of the trademark registration application.

If the trademark registration application meets the formal requirements established in Decision 486 of 2000, the Superintendence of Industry and Commerce will order its publication in the Industrial Property Gazette so that, within the next thirty business days from the date of publication, anyone with a legitimate interest can file a single, reasoned opposition that may challenge the registration of the trademark.

3.4 Third-party oppositions in a trademark registration application process.

If an opposition is filed, the Superintendence of Industry and Commerce will notify the applicant through the SIPI, so that within the following thirty days, they can present their arguments and provide evidence, if deemed appropriate.

Our firm, Cárdenas Vega Asesores, is responsible for analyzing the opposition filed, informing the trademark registration applicant of the situation, and preparing the appropriate response. It is worth noting that the fee corresponding to the firm's professional services for the trademark registration application does not include the preparation of responses to opposition claims.

3.5 Substantive examination of the trademark registration application.

Whether oppositions were filed or not, the Superintendence of Industry and Commerce will proceed with the registrability examination, granting or denying the trademark registration by resolution. If denied, the decision can be appealed before the Deputy Superintendent for Industrial Property. It is worth noting that the fee corresponding to the firm's professional services for the trademark registration application does not include the filing of administrative appeals.

If the trademark registration is granted, the SIC will issue the title or registration certificate that certifies the ownership of your trademark. This digital certificate will be sent to our client along with a copy of the resolution granting the trademark registration.

A trademark registration is valid for 10 years from the date of grant. Our firm has alert systems to inform you when your trademark needs to be renewed to preserve your exclusive right of use.

Additionally, during the validity of the trademark, it will be carefully monitored against third parties attempting to infringe upon it, as our firm has technological systems that allow us to compare our clients' trademarks with new applications for distinctive signs, as well as the registration of new companies or establishments in all Chambers of Commerce in Colombia.

In Colombia, it is not necessary for a trademark to contain the symbol ® or ™ to demonstrate that it is registered; however, we recommend that one of these symbols accompanies our clients' trademarks.

4. Why should you handle trademark registration through an attorney?

Although it is not mandatory for the trademark registration process to be conducted by an attorney, it is highly recommended. The trademark registration process is a procedure that spans several months and involves stages that can be considered of medium to high complexity for business owners who lack expertise in industrial property law, such as responding to official requirements or opposition claims.

Furthermore, based on our experience as a leading firm in Colombia for trademark registration procedures, our attorneys will assist you throughout all stages of the process: 1) before the procedure begins (through trademark search with legal opinion), 2) during the procedure, and 3) after obtaining the registration certificate or title that accredits you as the owner of your trademark.

Additionally, it is important to remember that all actions carried out during the trademark registration process are notified through the Industrial Property Information System (SIPI) or via email. This has led to a significant number of declarations of abandonment due to missed deadlines, resulting from notifications that were not received by applicants, as well as a general lack of awareness among business owners of the deadlines for responding to official requirements and/or opposition claims, if applicable.

4.1. Can an attorney guarantee the approval of a trademark registration?

No, under no circumstances. The commitments of an attorney in trademark matters, according to the regulations governing the legal profession, are obligations of means, not results. Therefore, if an attorney guarantees that your trademark will be successfully registered by the Superintendence of Industry and Commerce, they are likely misleading you.

Indeed, the decisions of the Superintendence of Industry and Commerce regarding the approval or rejection of a trademark depend on: (i) applicable laws, (ii) the examiner's discretion, and (iii) the global guidelines of the Industrial Property Office, which are subject to change.

For these reasons, it is always advisable to conduct a trademark clearance search with an expert attorney in trademark registration, which will help identify the main obstacles and/or risks associated with the mark you intend to register.

If you would like to check if your trademark is registered or begin a trademark registration process in Colombia, please contact us.