Best Trademark Lawyers in Bogota

About Trademark Law in Bogota, Colombia

Trademark law in Bogota, Colombia falls within the nationwide framework set by Colombian law and international agreements. A trademark is a sign that identifies and distinguishes goods or services of one business from those of others. In Colombia, trademarks may include words, logos, symbols, images, even sounds or colors, provided they are distinctive. The Colombian trademark system is administered by the Superintendence of Industry and Commerce, known locally as Superintendencia de Industria y Comercio (SIC). This institution is responsible for examining, registering, and protecting trademarks across the country, including the city of Bogota.

Why You May Need a Lawyer

While individuals and businesses can perform certain trademark procedures directly, many rely on a lawyer due to the complexity and high stakes involved. Hiring a trademark lawyer can be crucial in these situations:

• Conducting thorough searches to check if the proposed trademark is already registered or looks similar to existing marks
• Properly filing trademark applications and fulfilling all legal and formal requirements
• Navigating oppositions or objections from third parties or the SIC during the registration process
• Defending your rights against unauthorized use, infringement, or counterfeiting
• Negotiating licensing or assignment agreements involving trademarks
• Enforcing or defending your trademark in administrative or judicial proceedings
• Managing trademark renewals, recordal of changes, or expansion into new categories or territories

Local Laws Overview

Trademark regulations in Bogota follow the national rules established by Andean Community Decision 486, the Colombian Industrial Property Law, and supplementary decrees. Main aspects to consider include:

• Trademarks are registered and protected by the SIC at a national level, not just in Bogota
• Registrable marks include words, images, numbers, shapes, sounds, colors, and even holograms or three-dimensional signs
• The registration is valid for ten years and may be renewed indefinitely for additional ten-year periods
• Applications undergo a formal and substantive examination, including publication for potential third-party oppositions
• Trademark rights grant the owner the exclusive use of the mark, as well as the right to license or assign it
• Infringements may result in civil, administrative, or criminal consequences for violators

Frequently Asked Questions

What is a trademark and what can be registered as one in Colombia?

A trademark is any sign that can distinguish goods or services in the market. In Colombia, you can register words, names, slogans, logos, images, shapes, sounds, and even certain color combinations, as long as they are distinctive and not generic.

Who is eligible to apply for a trademark in Bogota?

Both individuals and companies, whether Colombian or foreign, may apply for a trademark registration in Bogota as long as they have a legitimate interest in using the mark.

How do I check if a trademark is already registered?

The SIC provides an online database where you can search for existing trademarks. A lawyer or trademark agent can assist in conducting a comprehensive search to assess whether your proposed mark is available.

How long does the trademark registration process take?

On average, the registration process takes between six and twelve months, depending on whether there are oppositions or objections during examination.

How long does a trademark registration last in Colombia?

A trademark registration is valid for ten years from the date of granting, with the possibility of renewal for subsequent ten-year periods as long as renewal fees are paid on time.

What can I do if someone infringes on my trademark rights?

You can file a complaint with the SIC, which can order cessation of the infringing activity and impose penalties. In some cases, you may also initiate civil or criminal actions.

Is it necessary to use the trademark in Colombia after registration?

Yes. If you do not use your trademark within three years after registration, it can be canceled for non-use by a third party's request.

Can foreign companies register trademarks in Colombia?

Yes, foreign companies and individuals may register trademarks in Colombia. However, if they do not have a domicile in Colombia, they must appoint a local representative to receive notifications.

What is the cost of registering a trademark in Colombia?

Government fees vary depending on the number of classes and the type of mark. Legal fees for representation are additional and depend on the complexity of the case.

Can I license or sell my trademark?

Yes. Owners may license the use of their trademarks or sell them to third parties, but such agreements must be recorded with the SIC to be enforceable.

Additional Resources

Here are some helpful resources for trademark matters in Bogota, Colombia:

• Superintendence of Industry and Commerce (SIC): The main authority for all trademark registrations, searches, oppositions, and enforcement actions in Colombia.
• Bogota Chamber of Commerce: Provides business support including legal guidance for entrepreneurs on intellectual property matters.
• Colombian Industrial Property Attorneys Association: A professional body that can help you find specialized trademark lawyers.
• World Intellectual Property Organization (WIPO): Offers international resources and guidance for protecting trademarks across borders, including in Colombia.

Next Steps

If you need legal assistance with trademark matters in Bogota, Colombia, consider these steps:

• Identify your trademark needs, such as registration, defense against infringement, or negotiations
• Gather information on your proposed trademark, its intended use, and any existing branding materials
• Consult the SIC database for potential conflicts
• Contact a specialized trademark lawyer or agent in Colombia who can assess your case
• Work with your legal representative to prepare and submit the necessary applications or defenses
• Maintain proper records of use and renew your trademark on time to ensure ongoing protection

A professional trademark lawyer can help you navigate the process efficiently, avoid costly mistakes, and maximize your brand protection in Bogota and throughout Colombia.