Trademark Registraion in .
Trademark is an important tool to achieve a competitive edge over others. Businesses around the world are entering new market places and to distinguish themselves from others, trademark plays a vital role. Through a trademark, a business can get legal protection from infringements, while having exclusive rights over the goods and services. By registering a trademark, the business can also use the ™ symbol along with its name which will help establish goodwill and portray a sense of authenticity in its customers’ minds.
To understand the trademark registration process in Colombia, let us have a look.
Colombian trademark registration services
Colombia follows a first-to-file system, which means that anyone who files an application first and it gets accepted, becomes the trademark owner. Mult-class applications are accepted in Colombia. To register a trademark application in Colombia, the application must go through Superintendencia Industria y Comercio (SIC). The official language to file an application is Spanish.
Types of Trademarks
Types of trademarks in Colombia
Different trademarks can be registered in Colombia, these include:
- Letters and numbers;
Or a combination of these can be used. Similarly, certain trademarks cannot be registered in Colombia. The trademarks that cannot be registered include:
- Deceptive trademarks;
- Trademarks that go against public interest;
- Trademarks containing flags of nations;
- Emblems of international or governmental institutes;
- Trademarks that go against moral grounds;
- Generic trademarks.
How to register a trademark in Colombia?
It is important to conduct a search before filing an application. This way, you will find trademarks that were rejected and understand the possible reasons for rejection and you will also know if there are similar or identical trademarks already registered.
Application / Filing
To file an application, the following requirements must be provided:
- Name and address of the applicant;
- List of goods and services;
- Classes under which the goods and services will fall;
- Details of the trademark;
- Power of attorney.
For foreign applicants, a POA or agent is required to register a trademark in Colombia. Once the application fee is paid, the trademark registration application is forwarded to the examination step.
After filing, the application is examined by the SIC on absolute and relative grounds. The SIC searches the database for prior registered trademarks and similar or identical trademarks. The application is also checked for any discrepancies. Finally, the application is checked to see if it follows the rules and if the trademark is registrable.
If there is a problem with the application, the examiner informs the applicant through an office action and is given two months to respond and provide legal arguments. The two-month term can be
If the applicant fails to respond, then the application is considered withdrawn.
Once the application clears the examination or the applicant responds accordingly, the application proceeds to get published in ‘Gaceta de la Propiedad Industrial’, the official gazette. The publication is for a month.
Once the application is published, it is open to opposition from interested parties. It is published for 30 days and any party can file an opposition during this time. If there is an opposition filed, the applicant is informed and given additional 30 days to respond.
If the applicant fails to respond, the trademark is denied registration, based on the arguments of the opposition.
If there is no opposition filed or if the applicant gets the decision in his favour, then the trademark receives registration and a certificate of registration is issued.
Price of Trademarks
Trademark registration cost in Colombia
The trademark registration cost in Colombia varies according to the number of classes the application has and the legal fees. Generally, the entire registration cost is around USD 1400 with each additional class costing around USD 560
Age of Trademarks
How long does the trademark last?
A trademark in Colombia lasts for 10 years. The trademark can be renewed within 6 months from the expiration date and 6 months after the expiration date. If the trademark owner renews the trademark after the expiration date then an additional fee has to be paid. The renewal fee is around USD 800, for the first class.
Even though some might think of the cost associated with trademark registration, the long term benefits of registering a trademark compensate for the initial cost of registration. The process is easy and simple but can be a little time-consuming.
At Trademark International, we provide hassle-free trademark registration services catered to your needs in compliance with the international requirements and standards. Trademark registration in Colombia doesn’t have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now!
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.
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