Trademarks Law in Colombia
Certainly! Here's a comprehensive summary of trademark law in Colombia:
π¨π΄ Trademark Law in Colombia
π Governing Legislation:
Andean Community Decision 486 β Common Intellectual Property Regime (applies in Bolivia, Colombia, Ecuador, Peru)
Colombian Industrial Property Law, primarily regulated under Decision 486 and national regulations
Administered by:
SIC β Superintendencia de Industria y Comercio (Superintendency of Industry and Commerce)
π What Is a Trademark?
A trademark in Colombia is any sign capable of distinguishing goods or services in the market. This includes:
Words, names, slogans
Logos, symbols, images
Letters, numbers, or combinations
Shapes of products or packaging
Colors or combinations (when distinctive)
Sounds and scents (less common)
Holograms, motion marks
Colombia uses the Nice Classification for goods and services.
π Trademark Registration:
Registration is mandatory to obtain trademark rights.
Application is filed with SIC (online or in person).
A formal examination, substantive examination, and opposition period follow.
π Requirements for Registration:
The mark must be distinctive and not generic or descriptive.
It must not be confusingly similar to an earlier registered or applied mark.
It cannot be deceptive, immoral, or violate public policy.
Prior rights holders (including well-known marks) may oppose registration.
β³ Duration of Protection:
10 years from the registration date.
Renewable indefinitely for additional 10-year periods.
The owner must use the mark within 3 years of registration, or it may be subject to cancellation for non-use.
π‘οΈ Rights Conferred:
Exclusive right to use the trademark in Colombia for registered goods/services.
Right to oppose later conflicting applications.
Right to license, assign, or transfer the trademark.
Right to sue for infringement.
βοΈ Enforcement and Remedies:
Trademark owners may enforce their rights through civil, administrative, or criminal proceedings:
Civil: Injunctions, damages, and seizure of infringing goods
Administrative: SIC can conduct investigations and issue fines
Criminal: In cases of counterfeiting or fraudulent use
Customs authorities can also help enforce rights at the border under anti-counterfeiting laws.
π International Treaties:
Colombia is a member of:
Andean Community (Decision 486)
Paris Convention
Madrid Protocol (joined in 2012) β allows international trademark registration via WIPO
TRIPS Agreement
WIPO treaties and conventions
π Summary Table:
| Aspect | Details |
|---|---|
| Law | Andean Decision 486 + Colombian regulations |
| Office | SIC β Superintendencia de Industria y Comercio |
| Protection Basis | Registration required |
| Duration | 10 years, renewable |
| Non-Use Period | 3 years (may result in cancellation) |
| Rights Granted | Exclusive use, licensing, enforcement |
| Enforcement | Civil, administrative, and criminal |
| International Treaties | Madrid Protocol, Paris, TRIPS, WIPO treaties |
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