In Colombia, trademarks are registered with the Superintendency of Industry and Commerce ( SIC). In this blog post from Bustos Abogados, we explain how to register a trademark in Colombia

Registering a trademark requires following a process that complies with legal requirements.

SIC

Here's a summary of them, starting with the first one:

1. Clearance search or trademark background search

  • (optional but recommended)

2. Identification of the class(es) of goods or services.

3. Application for Trademark Registration ®

Once the case is under review by the SIC, the entity may file objections if the substantive examination finds that the trademark is similar or could cause confusion in the market.

  • Objections: (Ex Officio Request in the Merits Review)
    • If the SIC raises any objections, a response must be provided.
    • Once the objection period has ended, if any objections were filed, the corresponding notice will be published in the SIC’s Industrial Property Gazette.
    • The publication also officially reports on new applications and registrations that have been granted.
  • Civil Service Exams:
    • Any person with a legitimate interest may challenge the application within the specified time limit.
  • Response to an Objection
    • If there are objections, a response is required.
  • Facilitation Hearing
    • It aims to resolve issues so that the trademark can be registered.
    • It must be requested jointly by the applicant and the opposing party, although the Superintendency may also initiate it on its own initiative.
  • Substantive or registrability review
    • The SIC reviews whether the trademark meets all legal requirements and issues a decision granting or denying the application.
    • If the application is granted, a registration certificate is issued, containing all the details of the trademark and its registration number.

However, this is not a linear process; objections or opposition may arise

You might find our next post on Appeals interesting. If your registration was denied or deemed unfounded, you may file an appeal.

At Bustos Abogados, we guide you through the process of registering a trademark in Colombia with the Superintendency of Industry and Commerce in Colombia, as well as with the United States Patent and Trademark Office. Contact us now!!

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