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Bogota, Colombia (CO)
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Colombia (CO)

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10-28-2014 (Newsletter Issue 16/14)
Trademark Registration Speeded Up
As a result of Administrative Resolution No. 48348 of 2014, issued by the Superintendence of Industry and Commerce, any person in Colombia interested in filing an application for registration of any distinctive sign will now be able to obtain registration in about four months.

Previously, trademarks were not granted registration in less than six months from the application date. This was mainly a reflection of a very strict interpretation of the intellectual property laws in force in Colombia. According to the CTO’s interpretation of the Paris Convention and Decision 486 of the Andean Community, a trademark registration could not be granted in less than six months because, within that period, a third party could file an application in Colombia claiming its right of priority based on an application previously filed in another contracting state.

The CTO implemented Administrative Resolution 48348, which would allow a reduction in the average time for trademark prosecution in Colombia to four months without affecting the right of priority of other applicants, who could still claim their right of priority within the six-month period.

Source: Cavelier Abogados, Bogota and Romero Raad Abogados, Bogota in INTA Bulletin Vol. 69 No. 19, 15 October 2014


02-18-2013 (Newsletter Issue 2/13)
Official Fees Reduced
The Colombian Trademark Office has reduced its trademark fees effective January 2013.
The office has granted a 50% discount to all those small and medium-sized Enterprise and to the public and private universities which are recognized and approved by our Ministry of Education. A smaller discount was also included for the filing of multiclass trademark application for each addition class, and for trademark renewals.

The new official fees for filing a trademark in Colombia is 750.000 COP in one class, and 375,000 COP in each additional class.

Source: Triana, Uribe & Michelsen, Colombia


05-30-2012 (Newsletter Issue 9/12)
Accession to Madrid Protocol
Colombia became a member of the international trademark system following the deposit of its instrument of accession to the Madrid Protocol for the International Registration of Marks on May 29, 2012.
The treaty will enter into force with respect to Colombia on August 29, 2012.

Source: www.wipo.int


03-27-2012 (Newsletter Issue 5/12)
Changes in Registration Procedures
The Ministry of Commerce, Industry and Tourism and the Ministry of Finance issued the Decree No. 4886 on December 23, 2011 which came into force on December 26, 2011. The decree modifies the structure of the Superintendency of Industry and Commerce, the authority in charge of the National Industrial Property System.

The following changes have been made:
- Reconsideration petitions against decisions issued by the Head of Distinctive Signs are eliminated. The only applicable remedy is an appeal, which must be decided by the Deputy Superintendent for Industrial Property.
- The Head of Distinctive Signs is authorized to arrange facilitation hearings between applicants for registration of distinctive signs and opposing third parties, to propose amendments that will allow applications to mature into registrations.
- The Superintendency of Industry and Commerce is authorized to question, under oath and in fulfilment of the formalities in the Civil Procedure Code, any person whose testimony is useful in clarifying the facts of the competition.

Furthermore the Superintendent of Industry and Commerce announced on January 31, 2011, that the Industrial Property Gazette will published twice a month in the future (i.e., every two weeks). Previously, the gazette was published once a month.

Source: www.inta.org; Cavelier Abogados, Bogota; Romero Raad Abogados, Bogota


02-07-2012 (Newsletter Issue 2/12)
Accession to TLT
The World Intellectual Property Organization (WIPO) has informed that the Government of the Republic of Colombia last week deposited its instrument of accession to the Trademark Law Treaty (TLT). The treaty enters into force for Colombia on April 13, 2012.

The aim of the TLT is to streamline national and regional trademark registration procedures. This is achieved through the simplification and harmonization of those procedures, thus making trademark applications and the administration of trademark registrations in multiple jurisdictions less complex and more predictable.

Colombia's accession to the TLT will bring the number of active participants in the TLT to around 50. The region's participation in the TLT is growing: Colombia joins Costa Rica, the Dominican Republic, El Salvador, Honduras, Nicaragua and Peru.

For more information on the notification, please click here

Source: www.wipo.int and IP Tango


01-23-2012 (Newsletter Issue 1/12)
Accession to Madrid Protocol Expected
After a long process, this July, the Colombian Congress approved the adoption of the Madrid Protocol by Law No. 1455/2011, which was possible thanks to the strong support of multiple local organizations and particularly the Colombian PTO.

The Protocol won't immediately enter in force, as it still must go through other legislative procedures, which will culminate with the deposit of the instrument of accession with WIPO. Approximately three months after this later event, the Madrid Protocol will be available in the first South American country and is therefore expected soon.

Source: Moeller IP Advisors


04-15-2010 (Newsletter Issue 9/10)
Domain Name Registration Opened
The Colombian Domain Administration has recently opened the second level domain registration for trademark registered world widely.
The .CO launch starts from 1 April, involving a multi-phase plan to ensure for the stable and orderly distribution of domains.

For more information please click here


Source: www.moellerip.com

Legal basis is the Trademark Law, contained in the Andean Pact Decision 486 concerning industrial property, in force since December 1st, 2000.
Colombia is a member of the Madrid Protocol and a member of the Andean Pact. According to the Andean Pact agreement, there are common rules in trademark law in all member states of the Andean Pact (Bolivia, Colombia, Ecuador, Peru).
Trademark protection is obtained by registration.
Nice classification, 10th edition
Registrable as a trademark are all distincetive signs that can be graphically represented, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, sound marks, and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, and certification marks. Trade names and trade emblems are also protectable, however the exclusive right shall be acquired by first use in trade. Therefore, the deposit before the Trademark Office is only declaratory.
The application is filed at the Trademark Office.
Multi-class applications can be filed.
Foreign applicants need a local agent (unless the trademark is filed through the Madrid Protocol system).
A power of attorney will be necessary to complete a trademark application.
The power of attorney will only need to be signed by the legal representative of the company that grants it, and can be filed in a simple copy. The original document may be requested by the Trademark Office if said entity has doubts on the authenticity of the same.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use. The burden of proof of demonstrating distinctiveness acquired by use rests on the applicant.
The processing time from first filing to registration is approx. 6 months. when no third party oppositions are filed and no ex officio rejections are issued.
The first office action is taken after approx. 15 working days.
Prior to registration, the trademark application is published in the “Gaceta de la Propiedad Industrial” for opposition purposes. As from July, 2014, the gazette is published three times per month.
National:
The opposition period is 30 working days from publication date of the application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months after the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the registered trademark has not been used for a continuous period of 3 years in a member state of the Andean Pact, it can be subject to cancellation action, started by any third interested party.

Further practical details are available in our publication on this topic here
The official fees for filing a trademark application is COP 956,000 COP in one class, and COP 456,000 in each additional class. There is no additional fee for publication or for obtaining the certificate of registration.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 340,00 € 250,00 € 
Word Mark Search (identical) 320,00 € 230,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
05-12-2016
Triana, Uribe & Michelsen, Bogota, Colombia

11-10-2014
Triana, Uribe & Michelsen, Bogota, Colombia

03-01-2013
Triana, Uribe & Michelsen, Bogota, Colombia

07-06-2011
Clarke, Modet & Cº Colombia, Bogotá, Colombia



B&R Latin America

Carrera 13 No. 29-41 Office 234
3000 Bogota
Colombia (CO)

Cesar Torrente Abogados

Carrera 8 A # 97-62
Bogotá D.C.
Colombia (CO)

Ministry of Economic Development Superintendence of Industry and Commerce Industrial Property Delegation
Carrera 13 No 27-00, Mezanine
Bogotá, D.C.
Colombia
Tel +57 1 5870 000
Fax +57 1 3505 220
Mail delprop@sic.gov.co
www.sic.gov.co

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int