How to Register a Trademark in Colombia?

In recent years, Colombia has been an attractive country for new businesses and companies that are interested in expanding and entering an emerging and growing market. It is also perfect if expanding in the region is a plan in the future since it has various agreements with neighboring countries like Ecuador, Peru, Brazil, etc. Since 2020 it is also a member of the OECD, which means Colombia is in the process of adjusting to international standards and promoting international cooperation.

Registering a trademark in Colombia is one important step for companies that want to protect their products, brand, and identity. A registration lasts 10 years from the grant and can be renewed indefinitely. If a mark goes unused for three consecutive years, anyone can ask the SIC to cancel it for non-use. The trademark registration process, as well as the renewal, can be done online or in person in Colombia.

How to file a trademark in Colombia? Do I need company? Can I register a trademark as a natural person? What documents do I need? How to incorporate a company in Colombia?

Why register a trademark in Colombia?

It is important to register a trademark because it gives you legal protection and it significantly reduces the competition since other companies and businesses won’t be able to commercialize a product with the same name, or logo.

It is also important from a marketing and advertising point of view because your clients will be able to easily identify your brand, product, and name.

These are some of the things that can be registered as a trademark. However, the NICE Classification has many other categories of products, services, and more that can be registered.

• What can be registered as a Trademark?

  • Products

  • Services

  • Production establishment

  • Commercial establishment

  • Advertising phrase (slogan)

  • Sound mark

  • Collective mark

  • Certification mark

What is the NICE classification?

The NICE Classification, often called NCL is the international classification for goods and services that entities around the world use for the registration of trademarks. Established by the Nice Agreement of 1957, it has 45 classes, 34 for goods and 11 for services, each with an alphabetical list of items. A new edition is published every five years and a new version every year on the platform designated by the World Intellectual Property Organization (WIPO).

Who is in charge of the registration?

The agency in charge of the registration of trademarks in Colombia is the ‘Oficina Virtual de Propiedad Industrial’, known as SIPI, which is a digital platform created by the Superintendence of Industry and Commerce to facilitate and centralize the process. However, it can also be done at one of the many offices the Superintendence of Industry and Commerce has all over Colombia.

What documents are required to register a trademark in Colombia?

To successfully complete the registration of the trademark, the SIPI asks for these documents. After filing, the SIC checks the formal requirements and publishes the application in the Industrial Property Gazette. Third parties have 30 business days to oppose it, and the SIC then examines the mark and grants or refuses it.

• Classification of the goods or services according to the NICE guidelines

• Receipt of payment of the fees to the Superintendence of Industry and Commerce

• Application Form with the information of the mark either through the online platform or at the offices of the Superintendence of Industry and Commerce

• File including the logo of the brand

• A power of attorney, if a representative files for you. Applicants who live abroad usually file through a local attorney.

Do I need a company to register a trademark in Colombia?

No, you can register a trademark as a natural person, you don’t need to do it under the name of a company. In the future, if you wish to start using the trademark, you can register a company and transfer the trademark to it to start commercializing it.

Once the mark is registered, it can be cancelled if it goes unused for three consecutive years, so it is advised that you form a company in Colombia or transfer it to an already existing legal structure. This way you can start with the promotion, production, and distribution, and finally start profiting from it.

How a company is set up in Colombia

1. Choose the company type. For most foreign founders it is the S.A.S.
2. Check that the name is available in the RUES, the national business registry.
3. Sign a power of attorney abroad, apostilled and translated into Spanish, so a local representative can act for you.
4. Draft the bylaws. An S.A.S. is formed by private document, without a notary.
5. Register the company with the Chamber of Commerce of its domicile. The Chamber also registers the company in DIAN’s RUT, which gives it its NIT.
6. Bring in the capital through the foreign exchange market and register the foreign investment with the Banco de la República.
7. Open a corporate bank account and complete the RUT with DIAN.
8. Set up electronic invoicing and register the shareholder and minutes books with the Chamber of Commerce.

Full guide: how to set up a company in Colombia.

Get help from Easyco

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Easyco also provides:

• Appointment of legal representation
• Providing a registered office address
• Handling tax and accounting
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