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.
Legislative Decree 1075 provides national complementary regulations to Decision 486.
Nice classification, 11th edition.
Registrable trade marks:
All distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, colors, combinations or shades of colors, three-dimensional forms, the three-dimensional form of a good or its packaging, holograms, sound marks and any combination of the mentioned signs.
Formal filing requirements:
- Power of Attorney merely signed (no legalisation and no notarisation required) within 60 days from the official request.
- Certified copy of the priority application and its translation to Spanish within 9 months from the filing application.
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
30 days from publication date.
Average time from filing to grant:
Approximately 3-4 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.
6 months prior to renewal date.
Grace period: 6 months.
Link to Trade Mark Office: