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How to register a trademark in Colombia?
The steps to be taken when registering a trademark are as follows:
Brand history search
This is the first step that must be carried out at the moment of initiating the registration process of a trademark, this step has the purpose of filtering in the database of the Superintendence of Industry and Commerce, the possible trademark similarities that may affect the application for registration of the trademark, these are the trademarks that may have certain similarity both graphically and phonetically with the trademark to be registered.
It should be clarified that the background search is a preliminary search which does not certify that a third party who feels harmed with the registration of the trademark may file oppositions to the registration of the same.
Duration: five (05) working days maximum to carry out the background search.
Application for trademark registration
At this stage, the application for registration is submitted to the Superintendence of Industry and Commerce (SIC), accompanied by the documentation requested in the letter of instructions, so that the SIC can review the documentation provided and grant the corresponding procedure.
Duration: five (05) working days to file the application for registration.
At this stage, the SIC verifies that all the documentation attached to the application is in order, and that the applicant and its attorney-in-fact do not have any type of disability. In case any type of document is missing, the SIC will issue a requirement that must be answered by the applicant and its attorney-in-fact.
Duration: One (1) month or maximum (2) months, for the SIC to make a decision regarding the documents.
Once it is verified that all the formal requirements are in order, the application is published in the industrial property gazette of the SIC.
This publication is made so that any company or natural person who feels that the registration of the trademark is violating a previously acquired right, may proceed to file an opposition to the registration.
Duration: thirty (30) working days
Opposition of third parties
During the term of oppositions, any interested third party who considers that the trademark under registration process infringes a right previously acquired by them or on the contrary is among the grounds of irregistrability, may file an opposition appeal.
Duration: thirty (30) working days
Once the opposition has been filed and the formal requirements of the opposition have been verified, the opposition process begins, at which time both the opponent and the applicant must support their arguments before the SIC.
Examination of registrability
At this stage, the SIC verifies that all the requirements established by law are met in order to grant the registration of a trademark.
Duration: two (2) months or maximum three (3) months, for the SIC to make a decision regarding the registrability examination.
Granting of registrations
In case all the substantive requirements are met and there is no risk of confusion, the SIC will grant the right to the exclusive use of the trademark for a period of ten (10) years, which may be renewed again in case you wish to continue using the trademark.
Duration: Fifteen (15) days or a maximum of one (1) month, for the SIC to decide whether to grant the registration of the trademark.