PROSECUTION GUIDELINES

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You will find here all the important information about filing trademarks, designs and patents.

Choose the country from the below options or just contact us for other territories.

Colombia

GDP: $330,228 BILLION

IMPORTS: $69,348 BILLION

POPULATION: 49,648,685

TOTAL AREA: 1,141,748 KM2

OFFICIAL LANGUAGES: SPANISH

CURRENCY: COLOMBIA PESO ($) (COP)

Local time:
WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.
Contracting Party of the Madrid System: NO.

Applicable Law:

Decision 486 of the Andean Commision Community.

Grace period for filing applications, from disclosure:

NO.

Multiple design applications -one application for different embodiments-available:

NO.

Formal filing requirements:

Graphic or photographic representation of the design, perspective view and upper view, lower, sides, front and rear part.

Assignment document.

Priority document, when applicable.

Locarno classification:

YES.

Deferred publication:

NO.

Registration Proceeding Outline:

Filing. Formal examination. Publication. Opposition. Office examination (excluding novelty, unless an opposition was filed). Decision.

Opposition:

YES, within 30 days from the publication date. After the granting of the application, nullity can be requested.

Average time from filing to grant:

Approximately 7 months, when no oppositions are filed. Around 1 year and a half, in case an opposition was filed.

Term of Protection and Maintenance:

10 years from the filing date.

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.

Contracting Party of the Madrid System: YES.

Trade Mark Law in force:

Decision 486 of the Andean Community. The Andean Pact Decision provides for one common trade mark law among the member countries (Bolivia, Colombia, Ecuador, Peru). It does not provide a common registration procedure, but it provides certain reciprocal rights to be available upon request of the trade mark owner. For example, an entity that first applied for registration of a trade mark in any Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.

Classification:

Nice classification, 11th edition.

Multiclass Applications:

YES.

Registrable trade marks:

Words, names, acronyms, letters, numbers, devices, emblems, holograms, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, sound marks, and any combination of the aforementioned signs.

Formal filing requirements:

• Power of Attorney merely signed (no legalisation and no notarisation required) within 60 days from notification request.

• Scanned copy of priority application and its translation into Spanish within 9 months from priority application date.

Examination:

Absolute grounds for refusal: YES.

Relative grounds for refusal: YES.

Opposition period:

30 days from publication date.

Average time from filing to grant:

Approximately 6 months, unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. Cancellation can be requested if the trade mark has not been used for 3 years in any member state of the Andean Pact, counting from the registration date. Partial cancellation is possible.

Renewal terms:

6 months prior to renewal date.

Grace period: 6 months.

Link to Trade Mark Office:

http://www.sic.gov.co/

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES

Contracting Party of the Patent Cooperation

Treaty (PCT): YES. Due term for entry into national phase: 31 months.

Patent Law in force:

Decision 486 – Andean Community (Cartagena Agreement Dec 1, 2000)

Types of protection available:

Patent of Invention; Utility Model.

First filing requirements with the local Patent Office for inventions made by nationals:

NO

Formal filing requirements:

• Power of Attorney merely signed (no legalization required) within 60 days from office action.

• Assignment document from the inventors merely signed (no legalization required) within 60 days from office action.

• Certified copy of priority application within 16 months from priority date (not required for entry into national phase of PCT applications (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).

Filing of the patent application in a foreign language:

NOT available.

Substantive examination must be requested by the applicant:

YES, within 6 months publication.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, within 60 working days from publication (extension possible)

Opposition:

YES, within 60 working days from publication (extension possible)

Average time from filing to grant:

2 – 3 years

Term of protection for patents:

PCT: 20 years from the PCT international filing date.

Paris Convention: 20 years from the filing date in Colombia.

Term of protection for utility models:

PCT: 10 years from the PCT international filing date.

Paris Convention: 10 years from the filing date in Colombia.

Differences between utility model and patent:

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.

Maintenance:

Yearly after grant.

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office:

http://www.sic.gov.co/