Trademark Search in Colombia
To determine whether a trademark is registered in Colombia, you can conduct a trademark clearance search through the Industrial Property Information System (SIPI) of the Colombian Superintendency of Industry and Commerce (SIC). This search allows you to identify registered or pending trademarks that may be identical or similar to the trademark you intend to use or register.
Before filing a trademark application, it is advisable to conduct this search. The absence of an identical trademark does not necessarily mean that the sign is available for registration: similar trademarks and the goods or services they identify must also be analyzed, since certain similarities may give rise to a likelihood of confusion or association.
Where can you search for a registered trademark in Colombia?
The Colombian Superintendency of Industry and Commerce (SIC) administers the Industrial Property Information System (SIPI), through which information concerning distinctive signs registered or applied for in Colombia can be searched.
You can access the SIPI system of the Colombian Superintendency of Industry and Commerce directly and use the available search options to conduct a trademark clearance search.
The search is particularly useful for determining whether earlier applications or registrations should be considered before applying to register a new trademark. However, the results must be analyzed from a legal perspective and should not be assessed solely on the basis of exact name matches.
How to conduct a trademark search in Colombia
- Define the trademark you wish to search. Clearly identify the name, expression or sign for which you wish to check prior rights.
- Identify the goods or services. Determine which goods or services you intend to distinguish with the trademark, as this information is essential for identifying the relevant classes and properly assessing the search results.
- Conduct the search through SIPI. Search not only for the exact expression you intend to register, but also for variations that may be relevant in identifying similar earlier signs.
- Review the relevant results. Among other matters, verify the owner or applicant, the goods or services, the class, the status of the application or registration and the information available for each prior right.
- Analyze similar trademarks. The absence of an identical trademark does not, by itself, establish that the sign can be registered. Earlier signs presenting relevant similarities must also be assessed.
What is a trademark clearance search?
A trademark clearance search involves identifying earlier applications and registrations that may be relevant to the trademark for which registration is sought. The SIC itself recommends conducting this search before filing an application, although it is not a mandatory requirement for applying to register a trademark.
Depending on the characteristics of the trademark, the search may cover word elements and, where appropriate, figurative elements. In the case of a composite trademark, for example, it may be necessary to examine both its wording and its graphic components.
Why do you need to know the trademark class?
To conduct an appropriate search, it is necessary to identify the goods or services that the trademark will distinguish. The International Nice Classification organizes goods and services for trademark registration purposes into 45 classes: Classes 1 through 34 cover goods and Classes 35 through 45 cover services.
You can consult the International Nice Classification. You may also use TMclass as a supporting tool to identify appropriate terms and classes for goods and services.
Classification is particularly important because a trademark should not be analyzed in isolation. The assessment of prior rights must also take into account the scope of the goods or services covered by the signs identified and any relevant relationship between them.
How can you determine whether a trademark is available for registration?
A search that reveals no exact matches is a useful starting point, but it does not automatically establish that a trademark is available for registration. Registrability requires an assessment of the prior rights identified and a determination as to whether earlier signs, because of their similarities and the goods or services they distinguish, may constitute an obstacle to registration.
For this reason, a professional trademark clearance search should not be limited to determining whether a trademark with exactly the same name already exists. It should also consider orthographic, phonetic, conceptual and visual similarities that may be legally relevant.
What information should you review in the search results?
When you identify a potentially relevant prior right, it is advisable to review all relevant information available through SIPI rather than focusing exclusively on the name of the trademark. Among other matters, the following may be relevant:
- the name and elements comprising the sign;
- the owner or applicant;
- the goods or services protected or applied for;
- the corresponding class or classes;
- the status of the application or registration;
- the filing date and other relevant information concerning the proceeding.
The existence of a prior right does not necessarily mean that a new application will be refused. Similarly, the absence of exact matches does not guarantee registration. The conclusion depends on the specific assessment of the signs, their respective scopes of protection and the applicable legal provisions.
Trademark clearance searches and registrability assessments
For many businesses, determining which prior rights represent a genuine risk to an application can be complex. Cárdenas Vega Asesores conducts trademark clearance searches and registrability assessments designed to identify the principal obstacles that may arise before commencing the registration process.
A professional assessment makes it possible to analyze relevant prior rights, evaluate similarities between the signs and examine their relationship with the corresponding goods or services. This information enables applicants to make a more informed decision before filing a trademark application in Colombia.
A prior search does not guarantee that registration will be granted, since the decision rests with the Colombian Superintendency of Industry and Commerce after completion of the applicable administrative proceeding. Its purpose is to identify risks in advance and provide a stronger basis for defining an appropriate trademark protection strategy.