¿How to apply for a trademark step by step?

This time of crisis has led many entrepreneurs to develop and create different products and services that have helped prevent the effects of Covid.

In this process there is a key factor that is sometimes forgotten. Did you know that to promote and position a product or service in the market, it is necessary to advertise it through a distinctive brand? Are you aware of the risks of not having your brand properly protected?

At Pinzón Pinzón & Asociados we help you protect your distinctive sign and intellectual capital in a very simple way.

What are the consequences of not protecting your brand?

The risk that your company operating without protecting your brand is losing your business. If you do not start the trademark registration process as soon as possible, it is very possible that third parties – who have an interest in your product/service – will do so and, therefore, making you lose possible trademark rights, as well as the effort, time and money invested in the development and positioning of your product/service.

In Colombia, the entity in charge of trademark registration is the Superintendency of Industry and Commerce (SIC). The SIC is in charge of both the trademark registration process and the defense derived once they have been obtained.

Are you clear about the information and documents to include in the application?

Do not worry, here is how to apply for a trademark step by step:

• Payment of official fees to the SIC. Without this payment, the application will not be reviewed.

• You must choose the denomination of your brand, that is, what the “name” of your brand will be.

• If your brand is accompanied by a slogan or phrase, keep in mind that it can be requested as part of the brand set or independently as a Commercial Slogan, which involves an additional procedure.

• If the brand has a graphic piece, it must be provided.

• The kinds of products/services that your brand intends to protect in the market.

• A description of the products/services that your brand will identify. This description must conform to the provisions of the International Nice Classification.

• Power of attorney in case of acting through a proxy.

As soon as you have the above information, you must take the following steps to request protection for your brand:

• Having a username and password on the SIC webpage that allows you to apply for trademark registration online. Please bear in mind that, due to the health crisis, the Entity is currently closed.

• Find the option to Request a Distinctive Sign on the SIC Industrial Property webpage.

• Fill in all the brand information, including the graphic art piece, if you have it.

• Pay the official fees. The SIC system supports PSE transfers.

As soon as the application is paid, the system issues a file number, which must be constantly reviewed to verify the process status.

Keep in mind that the registration process can take between 6 and 8 months, as long as no additional actions such as requirements, oppositions or appeals are presented.

Keep in mind:

Before carrying out the registration process with the SIC, it is important to verify the feasibility of registering your trademark. This will allow you to determine the probabilities of success in the registration process, since the trademark registration application may be denied if it does not comply with the requirements established by law (for Colombia, it is Decision 486 of 2000 of the Commission of the Andean Community).

Once you have completed the previous steps, your application will enter the Initial Study by the SIC. Subsequently, it will be published in the Industrial Property Gazette (which comes out three times a month) and will conduct a Background Study, where the SIC will determine if your trademark is -or not- registrable.

If the trademark is registrable, the protection granted is 10 years renewable for an equal period.

Although this procedure is very simple, you must take into account some particularities to really obtain a trademark registration that helps you position your product/service in the market. Should you have any questions on the subject, at Pinzón Pinzón & Asociados we have expert lawyers eager to be your ally to ensure your brand is fully protected and your business can develop smoothly.