Trademarks: Colombia
General Information
International Agreements : Andean Community, the World Trade Organization, and
the Paris Convention for the Protection of Industrial Property, Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).
Classification : Nice Classification (8th Edition) – Single Class Filing.
What is Registrable : The following signs, among others, shall be capable of constituting a trademark: a) words or a combination of words; b) pictures, figures, symbols, graphic elements, logotypes, monograms, portraits, labels, and emblems; c) sounds and smells; d) letters and numbers; e) a color demarcated to give it a specific shape, or a combination of colors; h) the shape of a product its packaging or wrappings; g) any combination of the signs or means indicated in the items above.
Priority under Paris Convention : Yes – within 6 months
Examination : Yes – formal & substantive.
Publication : Yes
Opposition : Yes - within 30 days as of publication date. The competent national office may, at the request of a party and once only, grant an additional thirty-day period in which to provide valid reasons for opposing registration of the trademark.
Registration Term : 10 Years – from grant date.
Renewal Term : 10 Years
Grace Period for Renewals : 6 months after expiration date.
Cancellation : The competent national office shall, at the request of an interested party, cancel a trademark registration after an uninterrupted period of non-use in any Member Country, without valid reasons, by the owner, a licensee, or another person authorized by the owner, of at least three years immediately before the start of the cancellation proceeding. Cancellation of a registration for non-use of trademark rights may also be requested as a defense in an opposition proceeding lodged on the basis of the unused trademark. Registration may not be cancelled where the owner of the trademark is able to show that non-use is due to force majored or an Act of God, among other things.
Assignments – Must Assignments be recorded ? Yes
Can pending application be Assigned ? Yes
Licenses – Must Licenses be Recorded ? Yes
Filing Requirements
Trademark/Service Mark Requirements
- A specimen of the trademark in 12x12cm.
- The complete identification of the applicant.
- The complete list of goods and services
- The priority document, if claimed legalized up to Colombian Consulate or Apostille.
- A certificate of incorporation of the applicant Legalized up to Colombian Consulate or Apostille.
- A power of attorney Legalized up to Colombian Consulate or Apostille.
Renewal of Trademark/Service Mark Requirements
- The complete identification of the trademark and the file number.
- A certificate of incorporation of the applicant legalized up to Colombian Consulate or Apostille.
- A power of attorney Legalized up to Colombian Consulate or Apostille.
Assignment Recordal Requirements
- A copy of the agreement legalized before a Colombian consulate or Apostille.
- A certificate of incorporation legalized before a Colombian consulate or Apostille.
- A power of attorney legalized before a Colombian consulate or Apostille. .