Trademarks in Colombia are registered with the SIC, the Superintendencia de Industria y Comercio, under Andean Community Decision 486, the industrial property framework shared with Peru, Ecuador and Bolivia. Colombia is a first-to-file jurisdiction, so rights belong to whoever files first, not necessarily whoever used the mark first. Foreign applicants without a domicile in Colombia must appoint a locally domiciled representative and submit a Power of Attorney to file.
This guide walks through the full registration process, from clearance search to registration certificate, along with realistic timelines and what to expect if the SIC raises objections or a third party files an opposition.
What Can Be Registered as a Trademark in Colombia
Colombian law recognizes a broad range of signs as eligible for trademark protection, provided they can distinguish goods or services and be graphically represented. Eligible signs include:
- Words, names, and combinations of letters or numbers
- Logos, images, figures, and graphic symbols
- Slogans, labels, and emblems
- Color combinations and three-dimensional shapes
- Sound marks and, in limited cases, scent marks
A brand made up of multiple elements, for example a word and a logo together, is protected only as that exact combination. If you want the word and the logo each protected on their own, you need separate applications for each element.
Do You Need a Local Representative?
Yes. An applicant without domicile in Colombia must act through a representative domiciled in the country and file a Power of Attorney authorizing that representative to handle the application. This is a formal requirement of the process, not just a practical convenience, and applications from foreign owners are not accepted without it.
Step 1: Conduct a Clearance Search
Before filing, search the SIC trademark register to check whether an identical or confusingly similar mark is already registered or pending for the same or related classes of goods and services. Because Colombia is first to file, a clearance search is the only way to know your mark is actually available before you commit time and fees to an application that may later be blocked by a prior filing.
Step 2: File the Application with the SIC
The application is filed with the SIC and must include a clear representation of the mark, the applicant’s information, the Power of Attorney if filing through a representative, and the specific classes of goods or services the mark will cover. Colombia accepts multi-class applications, so a single filing can cover several categories of goods or services at once. The official language for filing is Spanish.
Step 3: Formal Examination
The SIC first checks that the application is complete and meets the formal filing requirements. If something is missing or incorrectly submitted, the SIC issues an office action requesting correction within a set period. Applications that clear formal examination move forward to publication.
Step 4: Publication in the Industrial Property Gazette
Once the application passes formal examination, it is published in the Industrial Property Gazette. This publication is what opens the window for third parties to review and, if they believe the mark conflicts with their own rights, oppose it.
Step 5: Opposition Period
Third parties with a legitimate interest have 30 working days from publication to file an opposition, with the possibility of an additional period to submit supporting evidence. If an opposition is filed, it is communicated to the applicant, who then has a set period to respond with arguments and evidence. An unopposed application moves directly to substantive examination once the opposition window closes.
Step 6: Substantive Examination
The SIC then examines whether the mark meets Colombia’s legal requirements for registration: distinctiveness, whether it is merely descriptive or generic, and whether it creates a likelihood of confusion with an existing registered mark. If the SIC raises an objection at this stage, the applicant typically has two months to respond with legal arguments.
Step 7: Registration Decision and Certificate
Once substantive examination is complete, the SIC issues a decision granting or refusing the application. A granted application results in a registration certificate showing the mark, its registration number, and the classes it covers. A refused application can be appealed to a higher administrative authority.
How Long Does Registration Take?
For an application that receives no opposition and no substantive objections, registration in Colombia typically takes around 6 to 8 months from filing, one of the faster timelines in the Andean region. Applications that face an opposition or an office action take longer, since each stage adds its own response and review period.
How Much Does It Cost?
Trademark registration costs in Colombia are generally set per class of goods or services, with official SIC fees plus any professional fees for your local representative. Filing multiple classes in one application increases the fee but is still typically more cost-efficient than filing separate applications later.
How Long Does Protection Last?
A Colombian trademark registration is valid for 10 years from the grant date and is renewable for successive 10-year periods. Renewal should be filed within the six months before expiry; Colombia also allows a grace period after expiry for renewal, though late renewal typically carries an additional fee. Colombia does not require a declaration of use to maintain a registration, but a mark that goes unused for three consecutive years can be vulnerable to a cancellation action for non-use.
Filing From Abroad: Priority Claims and the Madrid Protocol
If you already hold a trademark application or registration in another country that is a member of the Paris Convention, you can claim priority in Colombia based on that earlier filing date, as long as you file in Colombia within six months of the original filing. This can matter if a competitor files a similar mark in Colombia between your foreign filing and a later Colombian filing.
Colombia has also been a member of the Madrid Protocol since 2012, which allows applicants to extend an international registration to Colombia through the World Intellectual Property Organization instead of filing a fully separate national application. Whether a direct national filing or a Madrid Protocol extension makes more sense depends on your broader international filing strategy, and is worth discussing with your trademark counsel rather than defaulting to one route.
Frequently Asked Questions
Do I need to already be using the trademark in Colombia to register it?
No. Colombia does not require use or intent to use before filing an application. Registration itself is what creates trademark rights in Colombia.
What happens if someone else registers my brand name first?
Because Colombia is a first-to-file jurisdiction, whoever files first generally obtains the rights, regardless of who used the mark first elsewhere. This is one of the main reasons to register early rather than waiting until the brand is already active in the market.
Can I register my company name and my trademark as the same step?
No. Company name registration with the Chamber of Commerce and trademark registration with the SIC are two separate legal processes with separate registries. A name being available at the Chamber of Commerce does not mean it is available to trademark, and vice versa.
Is trademark protection in Colombia automatic if I already have a US or EU trademark?
No. Trademark rights are territorial. A foreign registration does not extend automatic protection into Colombia; it may support a priority claim if filed within six months, but separate registration in Colombia is required for protection there.
What if the SIC objects to my application?
You will typically have a set period, often two months, to respond with legal arguments addressing the objection. Many objections can be overcome with the right response, which is why having local counsel manage this stage matters.
Protect Your Brand Before You Expand
Filing early, before your brand becomes visible in the Colombian market, is the most reliable way to avoid losing your name to a first-to-file conflict. Start Colombia’s team manages clearance searches, filing, and prosecution before the SIC from start to finish.
