WIPO-administered Treaties:
Contracting Party of the Madrid System: YES.
Trade Mark Law in force:
Decision 486 of the Andean Community. The Andean Pact Decision provides for one common trade mark law among the member countries (Bolivia, Colombia, Ecuador, Peru). It does not provide a common registration procedure, but it provides certain reciprocal rights to be available upon request of the trademark owner. For example, an entity that first applied for registration of a trademark in any Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.
Classification:
Nice classification, 11th edition.
Multiclass Applications:
YES.
Registrable trademarks:
Words, names, acronyms, letters, numbers, devices, emblems, holograms, combinations or shades of colors, three-dimensional forms, the three-dimensional form of a good or its packaging, sound marks, and any combination of the aforementioned signs.
Formal filing requirements:
- Power of Attorney merely signed (no legalization and no notarization required) within 60 days from notification request. Unextendable
- Scanned copy of priority application and its translation into Spanish within 9 months from priority application date.
Examination:
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
Opposition period:
30 days from publication date.
Average time from filing to grant:
Approximately 6 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 trade mark has not been used for 3 years in any member state of the Andean Pact, counting from the registration date. Partial cancellation is possible. The cancellation can be requested if the trademark has not been used for a time period of 3 years, counting from the date of registration. Since this date, it has to be used constantly, except in case of force majeure or exceptional cases that would prevent you from using the trademark. The use of the trademark has to be done by the rights holder, a licensee, or any authorized person for it, in the Colombian market, or for exportation, and at least in one country of the Andean Community (CAN), that can be: Colombia, Ecuador, Peru or Bolivia. Using the trademark in any of the ways explained before would avoid any attempt to start a cancellation action against the trademark registration.
Proof of use is not required to obtain a registration. Nonetheless, after three years have elapsed from registration, any third party may file a non-use cancellation action. In this case, the titleholder has the burden of proof to show use of the trademark and must accredit that the trademark has been effectively used to identify the goods or services specified in its coverage.
Renewal terms:
6 months prior to renewal date.
Grace period: 6 months.
Link to Trade Mark Office:
