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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 8 months, if no objections or oppositions arise.
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If I register my trademark in Colombia, do I have protection in other territories?
The territorial limit of protection is the Republic of Colombia.
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Do I need to sign a Power of Attorney?
A signed power of attorney may be required during the prosecution stage.
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Are there any benefits from a pre-filing use of the trademark?
There are no benefits from a pre-filing use of the trademark.
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Will there be problems in case I don’t use my trademark after registration?
Third parties may attack a registered mark on the basis of non-use.
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What are the types of trademark that can be registered in Colombia?
The following marks are allowed for registration:
- Words
- Names
- Devices
- certain shapes having three dimensions
- Colors having a shape
- Slogans
- Sounds
- Smells
- Trade dress/get up
- Holograms
- Motion (there is no specific law regarding this)
- Taste
- Touch
- Collective marks
- Certification marks
- Service marks
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What are the phases of application after a trademark has been filed in Colombia?
A trademark application in Colombia goes through different phases in particular order:
- Publication
- Examination
- Registration
- Opposition
- Appeals
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What type of trademark is not registrable?
The following marks are not allowed for registration:
- Marks that contradict standards of morality or public order
- Generic terms
- Symbols, names, or flags of nations, states, regions, and international organizations
- Non-distinctive marks
- Marks that are primarily used as a surname
- Marks that are primarily used as a geographical location name
- Marks that infringe a copyright
- Marks that are used for unfair business competition
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Does Colombia use the "Nice Classification" system?
Colombia uses the Nice Classification system only as a general guide.
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Does the Community Trademark apply for Colombia?
No. Colombia does not follow the Community Trademark.
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Is there any possibility to claim priority in Colombia?
Yes. The following conditions must be satisfied in order to claim priority application in Colombia:
- The applicant’s home country is a Paris Convention member
- The home application date is at least 6 months earlier than the application date in Colombia
- The applicant’s home country is a World Trade Organization member
- The applicant’s home country is a party to the Andean Pact
- An international registration is based on a national registration in Colombia
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What do I need to do to satisfy the use requirement?
A registered mark must be used within 3 years from the registration date. It must be used for commercial purpose and must occur in any member state of the Andean Pact. Appropriate sales invoices are required as a proof.
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Once my trademark has been registered, for how many years will be valid?
A registered mark is initially valid for 10 years.
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What will be the renewal date of my trademark?
The first renewal of a registered trademark is done 10 years from the date of registration grant.
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Is it legal to use my trademark even if it is not yet registered?
Yes. Use of an unregistered mark for any good or service is legal.