WIPO-administered Treaties:
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.
Classification:
Nice classification, 11th edition
Multiclass Applications:
Not possible.
Registrable trademarks:
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.
Examination:
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
Opposition period:
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.
Use requirements:
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.
