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 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:
Not possible.
Registrable trademarks:
All distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, coloRs, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, trade dress, sound marks and olfactory marks.
Formal filing requirements:
- Power of Attorney duly notarized and legalized within 60 days from filing date.
- Certified copy of the priority application and its translation into Spanish within 9 months from the filing date.
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 8-12 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 date of registration. Partial cancellation is possible.
Renewal terms:
6 months prior to renewal date.
Grace period: 6 months.
Link to Trade Mark Office: