Trademark vs Patent: Differences and When to Use Each

Introduction to Intellectual Property

Intellectual property protects creations of the human mind. In Colombia, the Superintendence of Industry and Commerce (SIC) is the entity responsible for administering the industrial property system, which includes trademarks and patents.

Understanding the difference between these two types of protection is fundamental for any entrepreneur, inventor, or business owner who wants to protect their intangible assets.

If you need specialized advice on intellectual property, learn about our patents and industrial property services in Santa Marta.

What is a Trademark

A trademark is a distinctive sign that identifies products or services in the market and differentiates them from those of competitors. It can consist of:

Types of Trademarks

• Word marks: Words, letters, or numbers (e.g., "Google", "Nike")
• Figurative marks: Logos or graphics without text
• Combined marks: Combination of word and figurative elements
• Three-dimensional marks: Specific shapes of products or packaging
• Sound marks: Distinctive melodies or sounds

What a Trademark Protects

• The commercial name of your product or service
• Your company logo
• Slogan or commercial tagline
• The visual identity of your business

Duration of Protection

In Colombia, trademark registration is valid for 10 years from the date of grant, indefinitely renewable for equal periods.

What is a Patent

A patent is an exclusive right that the State grants to an inventor over an invention, allowing them to exclude third parties from manufacturing, using, or commercializing it without authorization.

Types of Patents

• Invention patent: Protects new products or processes that involve an inventive step (20-year term)
• Utility model patent: Protects functional improvements to existing objects (10-year term)

Requirements for Patenting

To obtain a patent, the invention must meet three requirements:

1. Novelty: Must not be known in the state of the art
2. Inventive step: Must not be obvious to an expert in the field
3. Industrial application: Must be capable of being manufactured or used in industry

What a Patent Protects

• New products or devices
• Innovative manufacturing processes
• Chemical or pharmaceutical compositions
• Technical improvements to existing products

Key Differences Between Trademark and Patent

When to Choose a Trademark

Trademark registration is advisable when:

• You are launching a new product or service to market
• You want to protect your company or business name
• You have created a distinctive logo for your brand
• You want to prevent competitors from using similar names
• You seek to build long-term brand value

For a detailed guide on the registration process, check our complete guide on how to protect your trademark in Colombia.

Advantages of Trademark Registration

1. Exclusive right of use throughout the national territory
2. Possibility of licensing the trademark to third parties
3. Protection against imitations and unfair competition
4. Asset that increases your company's value
5. Indefinite renewal as long as you use it

When to Choose a Patent

A patent is the right choice when:

• You have developed a novel technical invention
• Your product has unique functional features
• You want to prevent others from copying your technology
• You plan to commercialize an innovation for several years
• You want to license your technology to other companies

Advantages of a Patent

1. Temporary monopoly over the invention
2. Barrier to entry for competitors
3. Negotiable asset (sale or licensing)
4. Improves your company's innovative image
5. Possibility of accessing tax incentives

When You Need Both Protections

In many cases, it is advisable to combine both types of protection:

Practical Example

Imagine you develop a new type of container with superior insulating properties:

• Patent: Protects the insulating material technology
• Trademark: Protects the commercial name and logo of the product

This comprehensive strategy provides maximum protection for your business.

Registration Process in Colombia

Trademark Registration

1. Search for prior trademark records at SIC
2. Classification of products/services according to Nice
3. Filing of application with SIC
4. Formal examination and publication
5. Opposition period (30 days)
6. Substantive examination
7. Grant or denial of registration

Patent Application

1. Preparation of the descriptive specification
2. Drafting of claims
3. Filing with SIC
4. Formal examination
5. Publication of application
6. Technical substantive examination
7. Grant or denial of patent

Approximate Costs in Colombia

Trademark Fees (2025)

• Application: Approximately 900,000 COP
• Renewal: Similar to application cost
• Modifications: Additional fees depending on type

Patent Fees (2025)

• Invention patent application: Approximately 600,000 COP
• Utility model application: Approximately 400,000 COP
• Annual maintenance fees: Increasing annually

Common Mistakes to Avoid

In Trademarks

• Not conducting a prior search for existing marks
• Choosing generic or descriptive names
• Not monitoring unauthorized use by third parties
• Forgetting to renew registration on time

In Patents

• Disclosing the invention before filing for patent
• Not adequately documenting the inventive process
• Drafting claims that are too narrow
• Not paying annual maintenance fees

International Protection

If you plan to expand your business internationally, consider:

For Trademarks

• Madrid Protocol: Allows you to request protection in multiple countries with a single application
• National applications: File directly in each country of interest

For Patents

• PCT (Patent Cooperation Treaty): Facilitates international application
• Paris Convention: Allows claiming priority for 12 months

Final Recommendations

1. Evaluate your assets: Identify which elements of your business need protection
2. Act early: Do not wait for someone to copy your trademark or invention
3. Seek specialized advice: An expert can guide you on the best strategy
4. Document everything: Keep records of your creations and innovations
5. Monitor the market: Watch for possible infringements of your rights