Trademark registration in Colombia: a guide for business owners

A commercial brand can be one of a business’s most important assets. Its name, visual identity, slogan or even a distinctive sound not only positions a product or service in the market but also distinguishes it from competitors, creates consumer recognition and, over time, can become the very expression of the company’s reputation.

Yet many businesses invest in their corporate identity without knowing that using a trademark does not mean owning rights to it. In Colombia, as in much of the world, exclusive rights to a trademark arise only from its formal registration with the Superintendence of Industry and Commerce (SIC). In other words, whoever registers it first obtains legal protection, even over someone who previously used it without filing an application.

Many business owners also ask: how do I protect my logo?

This article explains what trademark registration in Colombia involves, why it matters legally, and the essential steps and requirements for an effective application.

1. A trademark as an asset: more than a trade name

From an intellectual property perspective, a trademark is a distinctive sign that identifies a company’s or business owner’s goods or services and differentiates them from those offered by others. It performs essential functions in a market economy: it assures consumers of a product’s commercial origin, reduces uncertainty in purchasing decisions and becomes a means of conveying trust and reputation.

Colombian law, in line with Decision 486 of 2000 of the Andean Community, establishes that registration gives the owner the exclusive right to use the trademark within the national territory and to prevent others from using similar or identical signs that may confuse consumers.

Beyond commercial differentiation, a trademark is a legal asset capable of economic valuation. It can be licensed, franchised, sold or even used as security in financial transactions. Many brands around the world are worth more than the tangible assets of the companies that use them commercially.

2. What can be registered as a trademark in Colombia?

Under the applicable rules, any sign perceptible through the senses that is sufficiently distinctive and capable of identifying goods or services in the market can be registered. Common examples include:

• Word marks: words, names or combinations of letters.

  • Sony, Coca-Cola or Adidas as words, without an accompanying logo.

• Figurative marks: graphic elements or logos without text.

  • For example, the Apple logo — the bitten apple — when registered without the word “Apple”.

• Combined marks: a combination of graphic elements and words.

  • The Starbucks logo, combining the company name with the siren image.

  • The classic Coca-Cola logo, with its flowing lettering in red, or McDonald’s, with its yellow “M” alongside the full name.

• Three-dimensional marks: packaging or product shapes in three dimensions.

  • The triangular Toblerone packaging.

• Sound marks: distinctive sounds identifying a brand.

  • The Netflix opening sound, or ta-dum, registered as a sound mark.

• Colour marks: combinations of colours delimited by a shape.

• Scent marks: aromas, although uncommon and difficult to demonstrate.

There are also collective marks, used by producers’ associations, and certification marks, guaranteeing that a product meets certain standards.

“Trade names” also exist and have a different scope.

3. Why register a trademark?

Trademark registration is not an aesthetic exercise or a mere formality. It is a strategic decision directly affecting a business’s legal protection. Legally, registration allows the owner to:

• Obtain exclusive rights to use the distinctive sign.

• Legally prevent others from using similar marks that could create confusion.

• Bring court proceedings for trademark infringement.

• Rely on international trademark protection treaties, such as the Madrid Protocol where applicable, to expand a product or business.

• Avoid the risk of claims for alleged infringement of others’ trademark rights.

Commercially, a registered trademark also helps to:

• Increase the perceived value of the business.

• Attract investors and partnerships.

• Facilitate franchising, assignment, licensing and international expansion.

4. Steps to register a trademark in Colombia

The registration process before the SIC has several stages that must be completed in the required order and manner. An error at any stage can lead to rejection or unnecessary delays.

a) Trademark clearance search

Before filing, a search for similar registered signs is strongly recommended. This search, available online through the SIC’s SIPI portal, helps identify similarities that could lead to objections or oppositions. Although not mandatory, it is advisable, preferably accompanied by an assessment of registrability from an intellectual property lawyer.

b) Nice Classification

The applicant must correctly identify the goods or services that the trademark will distinguish and classify them under the International Nice Classification, which groups economic activities into 45 classes. Incorrect classification can limit or invalidate the scope of protection.

c) Completing and filing the application

Applications may be filed electronically through SIPI or on paper. They must include:

• The owner’s name, whether an individual or legal entity.

• A graphic representation of the mark, where applicable.

• The relevant Nice class or classes.

• A detailed list of goods or services to be identified.

• Proof of payment of the official fee.

• A power of attorney where a representative acts, without requiring authentication.

d) Formal examination

The SIC reviews the file within 15 days to check compliance with formal requirements. If it finds errors, it issues a request to remedy them.

e) Publication in the Gazette

After passing formal examination, the trademark is published in the Industrial Property Gazette for 30 business days. During that period, any third party with a legitimate interest may file a reasoned opposition.

f) Substantive examination

If there are no oppositions, or if they are unfounded, the SIC carries out an examination of registrability, assessing whether the sign meets the legal requirements and is free of grounds for refusal.

g) Decision and registration

If the application is approved, the SIC issues a decision granting registration and the corresponding certificate. Trademark rights last initially for 10 years, renewable indefinitely for equal periods.

5. Additional considerations

• Trademark registration is territorial: protection applies only within the country where it was obtained.

• Priority is acquired on the filing date, so the application should not be delayed unnecessarily.

• Using an unregistered trademark does not prevent another person from registering it first, with the resulting legal consequences.

6. Conclusion: the trademark as protection

Registering a trademark in Colombia is not simply an administrative filing. It is an act of legal protection, an investment in a company’s reputation and a defence against unfair competition.

At Marín Ortega Consultores Jurídicos, we support clients at every stage: assessing registrability, choosing the correct classification and monitoring the process before the SIC. Our clear aim is to protect your business identity against third parties and add value to your company.

An unregistered trademark is unprotected. A company without a registered trademark is incomplete.