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Trademark law in Bogotá, Colombia, falls under the purview of the Colombian Superintendence of Industry and Commerce (SIC). It is the regulatory body responsible for maintaining an organized system for trademark registration to help individuals and businesses protect their brand identities. The law aims to prevent unfair competition by safeguarding unique names, logos, and business identifiers.
Engaging a lawyer is crucial during the process of registering a trademark. A lawyer specialized in trademark law can assist in conducting an exhaustive search to ensure your proposed trademark isn't infringing any existing trademarks. They can also provide legal advice on the suitability of your trademark and assist in preparing and filing trademark applications. A lawyer will represent you in case of any disputes or legal challenges concerning your trademark.
The key Colombian trademark law is Law 1343, introduced in 2009. The law is in line with the international legal regulations for Intellectual Property. It designates SIC as the approving authority for any trademarks. The law covers the marking of goods and services and protects against unlawful reproduction, imitation, translation, or transposition of trademarks. The geographical indication is also recognized under this law.
A trademark in Colombia lasts for ten years. However, the registration can be renewed indefinitely, every ten years.
If your trademark is violated, you have the right to take legal action against the infringer. This can involve seeking damages, an injunction to stop further use of the trademark, and in some cases, criminal charges.
Registering a trademark in Colombia only protects it within the country. For international protection, you will need to register your trademark in each country you plan on conducting business in.
The trademark registration process in Bogotá, Colombia typically takes between 8-12 months.
Yes, anyone can apply for a trademark in Bogotá, Colombia, irrespective of their citizenship. Non-Colombian applicants need to appoint a local agent or attorney to act on their behalf.
You may find more information and resources on the websites of the Colombian Superintendence of Industry and Commerce (SIC), the Government of Colombia's Official Gazette, and the World Intellectual Property Organization (WIPO). Additionally, local law libraries and law schools may provide resources and research assistance.
If you need legal assistance with trademarks in Bogotá, Colombia, seek counsel from a lawyer specializing in Colombian trademark law. Be prepared with documents detailing any pre-existing use of the trademark and any evidence showing the originality and uniqueness of your mark. It's important to keep all facets of your trademark confidential until you've secured legal rights to it.
