How to Protect Your Trademark in Colombia: General Guide

Why Protecting Your Trademark is Essential

Your trademark is one of your business's most valuable assets. It represents your company's identity, your customers' trust, and years of effort building a reputation. Without legal protection, anyone could use a similar name or logo, confusing your customers and damaging your business.

In Colombia, trademark registration with the Superintendence of Industry and Commerce (SIC) grants you the exclusive right to use your trademark throughout the national territory.

If you're not sure whether you need a trademark or a patent, first check our guide on differences between trademark and patent.

What is a Trademark and What Can You Register

A trademark is any sign that serves to distinguish products or services in the market. In Colombia, you can register different types of trademarks:

Types of Registrable Trademarks

Word marks: Words, names, or combinations of letters (e.g., "Alpina", "Bavaria")
Figurative marks: Logos, symbols, or graphics without text
Combined marks: Combination of verbal and graphic elements
Three-dimensional marks: Distinctive product shapes or packaging
Sound marks: Melodies, jingles, or sounds that identify a brand
Olfactory marks: Distinctive scents associated with products

Examples of What You Can Protect

Your company or business name
Your product or service names
Your logo or isotype
Your commercial slogan
Your packaging design (if distinctive)

Requirements for Registering a Trademark in Colombia

For a trademark to be registrable with the SIC, it must meet certain requirements:

Positive Requirements

Distinctiveness: The trademark must be capable of distinguishing your products or services from those of competitors
Graphic representation: It must be clearly representable in the registry
Lawfulness: It cannot contain elements contrary to law, morality, or good customs

Prohibitions (What You CANNOT Register)

Generic or descriptive terms of the product (e.g., "Water" for bottled water)
Denominations commonly used in trade
Shapes imposed by the nature of the product
Signs that may mislead the public about origin or other characteristics
Trademarks identical or similar to others already registered for the same products

Step-by-Step Registration Process

Trademark registration in Colombia follows an administrative procedure with the SIC:

Step 1: Prior Art Search

Before filing your application, conduct a search in the SIC database to verify that no identical or similar trademarks are registered. This search can be done:

Online through the SIC portal
Through a paid formal consultation
With assistance from a specialized attorney

Step 2: Classification of Products or Services

You must identify the products or services your trademark will distinguish, according to the Nice International Classification. This classification has 45 classes:

Classes 1 to 34: Products
Classes 35 to 45: Services

Each class requires payment of an individual fee, so it is important to strategically select the classes relevant to your business.

Step 3: Filing the Application

The application is filed with the SIC and includes:

Duly completed application form
Power of attorney if acting through a representative
Reproduction of the trademark (for figurative or combined marks)
Proof of payment of the official fee
List of products or services to be protected

Step 4: Formal Examination

The SIC verifies that the application meets all formal requirements. If there are deficiencies, you will be given a period of 60 business days to correct them.

Step 5: Publication in the Gazette

If the application meets the formal requirements, it is published in the Industrial Property Gazette so that third parties can file oppositions.

Step 6: Opposition Period

Third parties have 30 business days from publication to oppose the registration. The most common oppositions are for:

Similarity with previously registered trademarks
Risk of confusion or association
Copyright on designs

Step 7: Substantive Examination

The SIC conducts a substantive analysis to determine if the trademark is registrable, considering:

Distinctiveness of the trademark
Oppositions filed
Possible conflicts with prior trademarks

Step 8: Resolution and Grant

If everything is favorable, the SIC issues a grant resolution and issues the trademark registration certificate.

Timelines and Process Duration

Stage	Approximate Time
Formal examination	1-2 months
Publication	1 month
Opposition period	30 business days
Substantive examination	2-4 months
Total time without oppositions	6-8 months
Total time with oppositions	12-18 months

Trademark Registration Costs (2025)

The official costs for registering a trademark in Colombia are:

SIC Fees

Registration application: Approximately 900,000 COP per class
Response to requirements: No additional cost
Opposition to third-party applications: Approximately 400,000 COP
Modifications to the registration: Variable depending on type

Additional Costs to Consider

Attorney fees (if using professional advice)
Prior art search (if formal)
Translations (if there are documents in a foreign language)

Trademark Validity and Renewal

Duration of Registration

Trademark registration in Colombia is valid for 10 years from the date of grant.

Renewal

Renewal can be requested within 6 months prior to expiration
There is a 6-month grace period after expiration (with surcharge)
Renewal is granted for successive 10-year periods
There is no limit on the number of renewals

Requirements for Renewal

Renewal application form
Payment of the corresponding fee
No need to demonstrate use of the trademark

How to Defend Your Registered Trademark

Having a registered trademark is not enough; you must actively monitor and defend your rights:

Market Monitoring

Monitor similar trademark applications in the SIC Gazette
Monitor the market to detect unauthorized uses
Set up Google alerts for your trademark

Actions Against Infringers

If you detect unauthorized use of your trademark, you can:

Administrative opposition: Oppose the registration of similar marks before the SIC
Cancellation action: Request cancellation of registered marks that are not used
Infringement actions: Civil lawsuits for damages
Border measures: Request DIAN to detain counterfeit goods
Criminal actions: Complaints for crimes against industrial property

Maintaining the Registration

Use the trademark consistently
Document the use of the trademark in commerce
Keep contact information updated with the SIC

Common Mistakes When Registering a Trademark

Avoid these frequent mistakes that can delay or prevent registration:

Mistakes in Trademark Selection

Choosing generic or descriptive names
Not verifying availability before investing in branding
Using trademarks too similar to existing ones
Registering only the name without the logo, or vice versa

Mistakes in the Process

Not conducting a prior art search
Incorrectly classifying products or services
Not responding to SIC requirements on time
Forgetting to renew the registration

Mistakes in Protection

Not monitoring the market to detect imitations
Allowing generic use of the trademark
Not acting promptly against infringers

Madrid Protocol: Allows you to request protection in multiple countries with a single application
Decision 486 (Andean Community): Facilitates registration in Ecuador, Peru, and Bolivia
Direct national applications: In countries not covered by treaties

Registration of Variations

Consider registering variations of your trademark:

Version with and without slogan
Different logo presentations
Black and white and color versions

Documentation of Use

Maintain evidence of your trademark use:

Invoices and contracts showing the trademark
Advertising materials
Sales records
Social media and website presence

When to Seek Professional Advice

While it is possible to register a trademark directly, it is recommended to seek specialized legal advice when:

Your trademark is complex or innovative
Similar trademarks exist in the market
You plan a comprehensive protection strategy
You have received oppositions to your application
You need to defend your trademark against infringers
You seek international protection

Learn about our patents and industrial property services in Santa Marta for professional assistance in registering and protecting your trademark.

Benefits of Trademark Registration

Registering your trademark provides multiple advantages:

Exclusivity: Exclusive right of use throughout the national territory
Legal protection: Tools to act against infringers
Commercial value: Your trademark becomes a negotiable asset
Credibility: Generates trust with customers and business partners
Licensing: You can authorize third parties to use your trademark
Franchises: Facilitates expansion through franchises
Credit guarantee: Can be used as collateral for loans

How to Protect Your Trademark in Colombia: General Guide

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