Contracting Party of the Madrid System: NO.
Trade Mark Law in force:
Decision 486 of the Andean Community. The Andean Pact Decision provides for one common Trademark Law among the member countries (Bolivia, Colombia, Ecuador, Peru). It does not provide a common registration procedure, but it provides for certain reciprocal rights to be available upon request of the trademark owner. For example, an entity that first applied for registration of a trade mark in any Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.
Trade Mark Act of 1918, which provides national complementary regulations to the Decision 486 of the Andean Community.
Nice classification, 11th edition
Words, names, devices and other distinctive signs, including three-dimensional forms, colours, sounds, smells, slogans.
Formal filing requirements:
- Power of Attorney duly notarized and legalized within 60 working days from the official request. Unextendable.
- Certified copy of priority application and its translation into Spanish within 3 months from the filing application.
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
30 working days from publication date.
Average time from filing to grant:
Approximately 9 months, unless any obstacles were raised.
Term of protection:
10 years from the date of registration.
YES. Cancellation can be requested if the trademark has not been used for 3 years in any member state of the Andean Pact, counting from the registration date. Partial cancellation is possible.