Trademarks in Colombia

Competent Authority

The national government agency responsible for industrial property administration and trademark registrations in Colombia is the Superintendence of Industry and Commerce (Superintendencia de Industria y Comercio - SIC). The administrative system is national, while substantive trademark norms are harmonized regionally under the Andean Community framework (Decision 486). The official website is hosted on the Colombian government portal (`sic.gov.co`), and the mandatory working language for all proceedings, filings, and documentation is Spanish.

International Treaties

Colombia is a member of the Paris Convention for the Protection of Industrial Property and the Madrid Protocol (having acceded to the Madrid System). Consequently, international trademark registrations via the Madrid route can designate Colombia. Direct national applications can also be filed independently through the SIC. Additionally, Colombia is a member state of the Andean Community (alongside Bolivia, Ecuador, and Peru), allowing for regional legal cooperation and Andean oppositions.

Who May Apply & Representation

Any natural or legal person, domestic or foreign, may apply for and hold a trademark registration in Colombia. Foreign applicants or entities without a domicile or permanent residence in the country must be represented by a qualified representative. Representation requires a Power of Attorney (POA). Under current SIC practice, formal legalization or consular authentication of the POA is not required. If the POA is not filed simultaneously with the initial application, the SIC will issue a formal office action giving a strict deadline of 60 working days from notification to submit it.

Online Filing & Search Databases

The SIC provides electronic filing channels via its Industrial Property Portal (SIPI). Public trademark searches to check prior conflicting rights and availability can be conducted free of charge through the official online database hosted on the SIC website.

Protectable Trademark Types

Under Andean Community norms implemented in Colombia, protectable signs include words, combinations of words, figurative elements, designs, logotypes, three-dimensional shapes (product packaging or containers), colors delimited by a specific shape, sound marks, and smell marks, provided they possess distinctive character. Transliteration or Spanish translation is required for terms expressed in foreign words or non-Latin scripts.

Classification System

Colombia utilizes the Nice Classification system for goods and services. Multi-class applications are permitted, allowing multiple classes of goods or services to be combined within a single application form, with official fees calculated per class. Broad generic class headings are not accepted; specific and clear descriptions of goods or services are required.

Examination Procedure

The SIC performs a preliminary formal examination within approximately 15 working days of filing. If formal requirements are met, the application is ordered for publication. Following the opposition window, a substantive examination is conducted to evaluate both absolute grounds for refusal (such as lack of distinctiveness or genericness) and relative grounds (conflicts with prior conflicting marks or pending applications).

Publication & Opposition

Once an application passes formal examination, it is published in the official Industrial Property Gazette. Any third party with a legitimate interest—including holders of prior rights in other Andean Community member countries—may file an administrative opposition within 30 working days from the publication date. Applicants are given a statutory window to respond to any filed opposition.

Timelines

For a smooth, straightforward application that encounters no formal office actions, provisional refusals, or third-party oppositions, the average timeframe from initial filing to final grant is approximately 6 to 10 months. If oppositions are filed, the process typically extends to 12 to 14 months or longer.

Official Fees

Official fees are established and updated annually by the SIC via regulatory resolutions. For standard online electronic filings, the official fee is 1,347,500 COP for the first class, with a reduced fee applicable for additional classes (e.g., 673,500 COP per extra class). Scaled fee reductions exist for qualified microenterprises and specialized technological/innovation network applicant categories.

Duration & Renewal

A trademark registration in Colombia is valid for 10 years, counted from the date of grant (registration issuance date). Registrations can be renewed indefinitely for successive 10-year periods. Renewal applications must be filed within the final 6 months prior to expiration, or during a 6-month statutory grace period subject to late-fee surcharges.

Use Requirements & System Type

Colombia operates under a first-to-file priority system. However, trademark registrations are subject to statutory use obligations: a registered trademark is vulnerable to cancellation actions for non-use if it has not been genuinely used in commerce within the Andean Community territory for a continuous period of 3 consecutive years following registration.

Post-Registration Procedures

Recorded changes concerning the owner's name, legal address, assignments (ownership transfers), and licensing agreements must be submitted to the SIC. Recording assignments and trademark licenses is legally mandatory to ensure full validity and enforceability against third parties.

Legal Remedies & Enforcement

Cancellation actions for non-use, invalidity petitions, and administrative appeals against SIC decisions are handled through administrative pathways or specialized civil/contentious-administrative judicial courts. Infringement claims, civil damages, and penal measures against counterfeiting are pursued through ordinary judicial courts, while border enforcement measures are available through customs authorities.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.