The country of Colombia has many advantages for economic development. Colombia has a free, open market economy, which facilitates business and attracts foreign investment. Colombia is located at the intersection of North America, South America and Europe, Colombia is an important gateway for import and export activities. Natural resources, especially oil, have huge reserves, in addition to abundant oil, gas, minerals and biological resources. The Colombian Government promulgates many preferential policies, creating an attractive investment environment for domestic and foreign enterprises. Colombia has a diversified economy with many important economic sectors such as agriculture, industry, services, tourism… Therefore, more and more businesses invest in expanding their business scope in Colombia, in order to be able to protect their brands, distinguish them from other competitors, businesses need to register for trademark protection. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Colombia through the article below.
Legal basis
Andean Community Committee Decision No. 876 on the Regulation of Common National Trademarks;
Law No. 1343 of 2009 (31 July) – Ratification of the Agreement on the Trademark Law and the Provisions of this Agreement, adopted on 27 October 1994.
Definition of “trademark” in Colombia
A trademark is an exclusive mark that distinguishes a business’s product or service from other businesses in the market. To put it more simply, a trademark is a symbol, word, phrase, image, or combination of these elements that identifies and distinguishes the origin of the goods and services of a particular business from its competitors.
Uniqueness: The trademark must be unique enough to differentiate the product or service of the single business from its competitors. Trademarks may not be described as generic, casual or misleading.
Legality: A trademark must not violate public order, morality or fine customs. A Trademark must also not infringe existing intellectual property rights, such as copyright or other Registered Trademarks.
Ability to represent visually: The trademark must be able to represent visually. This means that the Trademark can be visually depicted by words, symbols, logos, designs, or any combination of these elements.
Availability: The trademark must be available for registration. The Applicant may perform a preliminary search to ensure no Similar Trademark has been registered for the same or similar type of goods and services.
Trademark dossier in Colombia
Application Form: This form must be completed and signed by the applicant or their legal representative. The application form can be found on the website of the Directorate General of Industry and Commerce (SIC) (https://www.sic.gov.co/).
Power of attorney if applicable: If the applicant is a foreign applicant and does not appear directly before SIC, the applicant needs to authorize a local Colombian lawyer to represent the applicant. In this case, authorization is required that allows the attorney to act on behalf of the applicant.
Trademark Form: Include a clear and accurate image of the trademark the applicant wishes to register. This representation can be submitted as a drawing, photograph or digital file.
List of goods and services: The applicant must provide a detailed list of the specific goods and/or services for which the applicant applies for a Trademark, which is classified under the International Classification of Goods and Services (Nice Classification).
Additional groups in the same application: About 161 USD per group.
Online registration vs. paper registration
Online subscriptions: Often discounted compared to paper subscriptions.
Additional fees
Authorization (if applicable),Official translation: If required, the cost will vary depending on the length and complexity of the document.
How to file a trademark application in Colombia
To file for trademark protection in Colombia, you can file using the following filing methods:
Direct submission: You can go directly to the General Directorate of Industry and Trade (SIC) at Carrera 13 No. 27-00 Pisos Mezanine, 5 y 10 Bogotá to submit your application and related documents.
By Post or Email, Fax: You can send your application and all required documents via postal service or courier service to the address of the General Directorate of Industry and Trade (SIC) at Carrera 13 No. 27-00 Pisos Mezanine, 5 y 10 Bogotá.
Submit online via website: http://www.sic.gov.co/ When applying online, you should pay attention to the payment of the relevant fee according to the instructions of the Colombian Directorate General of Industry and Trade.
Trademark registration in Colombia through the Madrid System
The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.
Madrid Agreement:
The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.
Madrid Protocol:
Colombia accessed the Madrid Protocol on 29 August 2012.
The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.
Trademark registration dossier under the Madrid System
The Madrid Singles include the Madrid Singles of Vietnamese origin and the Madrid Applications with Colombian designations.
For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:
Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
02 MM2 declarations according to the form of the International Office in English or French;
02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
02 MM18 declarations in English (if the application has a US designation);
Written authorization in Vietnamese (According to the form of Viet An Law Firm);
Documents of payment of fees for international registration of trademarks of Vietnamese origin;
Other relevant documents (if necessary).
Application fees through the Madrid System
The fees include:
Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.
Trademark registration service in Colombia of Viet An Law Firm
Perform the search and notify customers in writing the results of trademark search in Colombia;
Draft the dossier and directly file and monitor the status of the trademark application filing on behalf of the trademark owner in Colombia;
Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Colombia;
Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Colombia.
Receive dispatches, certificates and hand over to customers (if any).
If you need to apply for trademark registration in Colombia, please contact Viet An Law Firm for the most effective support.
Disclaimer: This article was last updated in April 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance
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