Registering a trademark in Colombia grants its owner the exclusive right of use throughout the national territory for renewable ten-year terms. The competent authority is the Superintendence of Industry and Commerce (SIC), and while the process has well-defined steps, it requires a careful strategy to avoid costly rejections.
Why is Trademark Registration Important?
Without registration, any third party can use a similar sign in Colombia. Registration gives you:
- Exclusive right to use the sign in the requested classes
- Legal action against imitators and counterfeiters
- A valuable and transferable intangible asset
- Secure market presence in Colombia
Step 1: Prior Art Search
Before filing an application, it is essential to verify whether an identical or similar sign already exists — registered or in process — that could generate a conflict. This search is conducted in the SIC’s public database (SIPI).
A thorough search evaluates:
- Phonetic similarity: brands that sound the same or similar
- Graphic similarity: similar designs, logos, or figures
- Conceptual similarity: marks that evoke the same idea
- Nice class: the commercial sector in which registration is sought
Skipping this step is one of the most common and costly mistakes. A rejected application means losing paid fees and valuable time.
Step 2: Nice Classification
The Nice Classification System groups goods and services into 45 classes. You must identify exactly which class(es) your trademark operates in. Some examples:
| Class | Typical Products or Services |
|---|---|
| 25 | Clothing, footwear |
| 35 | Advertising, business management |
| 41 | Education, entertainment |
| 42 | Technology services, software |
| 45 | Legal services |
The same trademark can be registered in multiple classes simultaneously, though each class generates an independent fee.
Step 3: Preparing the Application
The SIC application must include:
- Applicant identification (individual or legal entity)
- Detailed description of the distinctive sign
- Requested Nice class(es) with product/service description
- Graphic representation of the sign (for figurative or composite marks)
- Power of attorney (if acting through a representative)
Step 4: Fee Payment and Filing
SIC fees are paid before submitting the application. The amount varies by sign type and number of classes. As of 2025, the base fee per class is approximately COP $1,020,000 for legal entities.
Filing can be done online through the SIC’s SIPI portal or in person at their offices.
Step 5: Formal Examination
Once filed, the SIC verifies that the application meets formal requirements. If there are deficiencies, the applicant is notified and has two months to remedy them.
Step 6: Publication in the Industrial Property Gazette
If the application passes the formal examination, the SIC publishes it in the Industrial Property Gazette. From that publication date, third parties have thirty business days to file oppositions.
Step 7: Substantive Examination
The SIC evaluates whether the sign is registrable according to the criteria of the Commercial Code and Andean Community Decision 486. It may grant the registration, deny it, or issue objections for the applicant to respond to.
Step 8: Resolution and Registration Certificate
If registration is granted, the SIC issues the Registration Resolution and the corresponding certificate. The trademark is valid for ten years, renewable indefinitely.
Estimated Process Timeline
The full process can take between 12 and 18 months, though it may be faster or longer depending on whether there are oppositions or complex substantive examinations.
When Do You Need a Specialized Attorney?
While the SIC allows applications without legal representation, having a specialized intellectual property attorney is highly recommended when:
- You have doubts about whether your sign is registrable
- There are similar prior marks requiring a strategic approach
- Your trademark will be the foundation of your business in Colombia
- You receive a third-party opposition
- You want to register in multiple classes or Andean Community countries
At RH Legal Services, we guide you through the entire process — from the prior art search to obtaining the registration certificate — with experience in over 500 successfully registered trademarks.
Have questions about registering your trademark? Contact us and a specialized attorney will review your case.