A trademark application in Colombia can be stopped in two ways: a third party files an opposition after publication, or the Superintendence of Industry and Commerce (SIC) refuses the registration on its own examination. Both are decided in writing, under short deadlines that do not wait for the applicant. We are trademark opposition lawyers in Colombia with more than 20 years before the SIC: we answer oppositions, file them against applications that copy your brand, and appeal refusals.
The deadlines that decide an opposition
Under Article 146 of Andean Decision 486, anyone with a legitimate interest may file one reasoned opposition within thirty days of the publication of the application in the Industrial Property Gazette. On request, the SIC grants a single additional period of thirty days to submit the evidence supporting the opposition.
Under Article 148, once an opposition is filed, the applicant is notified and has thirty days to put forward its arguments and evidence, with a single additional thirty days for evidence on request. A missed deadline cannot be recovered, which is why we calendar every date from the day we are instructed.
If your application has been opposed
We read the opposition against the register and the evidence, and tell you honestly whether it can be won, settled through a coexistence agreement, or avoided by limiting the goods or services. When the opposition rests on a mark its owner is not using, Article 165 of Decision 486 allows cancellation for non-use to be raised as a defence in the same proceeding; the mark must have gone unused without justification for three consecutive years.
If someone is trying to register a mark like yours
An opposition is the cheapest moment to stop a copy: once the mark is registered, removing it takes a longer and more expensive action. We monitor the Industrial Property Gazette and file oppositions against applications that could be confused with your brand.
Owners of marks in other Andean countries have a specific route. Under Article 147, the owner of an identical or similar mark in Ecuador, Peru or Bolivia, for goods or services where use of the mark may mislead the public, or whoever first applied for registration of that mark in any of those countries, may oppose in Colombia, but must prove a real interest in the Colombian market by applying for the mark in Colombia at the time of the opposition.
If the SIC refused your trademark
A refusal is not the end of the case. It can be challenged within ten business days of notification, and many refusals turn on arguments that were never made in the application: the real market of each product, how the marks are perceived as a whole, or coexistence that already exists in the register. In our experience before the SIC, the appeal alone can take about eleven months to be decided. We tell you before filing whether the refusal is worth fighting.
If you designated Colombia through the Madrid Protocol and received a provisional refusal from WIPO, the deadline runs under Colombian law; see provisional refusal in Colombia.
How we work
The partner reviews every opposition and appeal personally. We quote a flat fee for each stage before you instruct us, file in Spanish and report to you in English. We act directly for brand owners and as Colombian correspondents for trademark firms abroad. More than 3,000 trademarks handled mean we know how these grounds are usually argued before this office.
If you have not filed yet, start with trademark registration in Colombia, where a clearance search avoids most of these disputes.
Frequently asked questions
How long do I have to oppose a trademark in Colombia?
Thirty days from the publication of the application in the Industrial Property Gazette, with a single additional thirty days to submit evidence if requested, under Article 146 of Decision 486.
How long do I have to answer an opposition?
Thirty days from notification, with a single additional thirty days for evidence if requested, under Article 148 of Decision 486.
Can I appeal if the SIC refuses my trademark?
Yes. The refusal can be challenged within ten business days of notification. In our experience the appeal takes about eleven months to be decided.
Can the owner of a mark from another Andean country oppose in Colombia?
Yes, under Article 147 of Decision 486, if it owns an identical or similar mark there for goods or services where use of the mark may mislead the public, or first applied for that mark there, and proves a real interest in the Colombian market by applying for the mark in Colombia when it files the opposition.
Talk to a trademark lawyer
Send us the opposition, the refusal or the publication you are worried about on WhatsApp, and we will tell you the deadline that applies and whether the case can be won.
If the opposing mark has not been used, see trademark non-use cancellation in Colombia. See also Andean trademark opposition in Colombia.