Do I Need a Local Attorney to Register a Trademark in Colombia?

You can generally apply to register a trademark in Colombia without hiring a local attorney. Individuals can file directly with Colombia’s Superintendence of Industry and Commerce (SIC), the country’s trademark office. Companies can file through their legal representative. If you grant a power of attorney to someone to handle the application on your behalf, that person must be a lawyer duly registered in Colombia.

The best time to talk to a Colombian trademark attorney is often before you commit to a name. If you’re about to order packaging, sign a distribution agreement, or pay for a launch campaign, a search can help you decide whether to move ahead with the name or revisit it while changes are still easy to make.

What if I’m applying from outside Colombia?

Being based abroad does not, by itself, require you to hire a Colombian attorney to file a trademark application directly with the SIC. Under the SIC’s rules, applicants who do not reside in Colombia may designate a representative to receive notices and appoint attorneys on their behalf. Anyone appointed to act as an attorney before the SIC must be a lawyer duly registered in Colombia.

If you plan to file directly from abroad, decide who will handle the Spanish-language application and monitor notices from the SIC. If a Colombian distributor offers to file for you, check whose name will appear as the applicant. If your company is meant to own the mark, make sure the application identifies your company as the applicant.

What if I designate Colombia through the Madrid System?

If you qualify to use the Madrid System, you can designate Colombia without appointing a Colombian attorney at that stage. The SIC examines the designation under the trademark rules that apply in Colombia. A WIPO registration number alone does not tell you whether your mark is protected in Colombia.

If you receive a provisional refusal, ask Colombian counsel to review it promptly. The notice may concern a formal requirement, a third-party opposition, or a decision refusing protection. The response or appeal, if available, is handled before the SIC. The type of notice determines the available action and how the deadline is calculated, so have counsel check the Colombian file as well as the WIPO notice.

Where a Colombian trademark attorney can help

Check the name before you launch

A search for the exact name is a starting point. An earlier mark can create a conflict if it looks or sounds similar and covers goods or services that consumers might associate with yours. Article 136(a) of Andean Community Decision 486 addresses the risk of confusion or association with earlier marks.

Practical tip. Send your attorney your shortlist before you pay for packaging or advertising. Include the name as customers will see it, any logo you plan to use, and a plain-language description of what you will sell in Colombia. For example, if you sell coffee online and also plan to open a café, mention both. Packaged coffee and café services are separate parts of the business to consider when defining the application.

Choose the owner and the scope of protection

Decide which person or company should own the mark and which goods or services the application should cover. If customers recognize your brand by name and you expect the logo to change, ask whether to file the name on its own, the logo, or both. The choice determines what each application asks the SIC to protect.

Handle a request, opposition, or refusal

For a direct application, the SIC checks the filing requirements and, if those are met, publishes the application so parties with a legitimate interest can oppose it. The SIC then examines whether the mark can be registered, even if nobody opposes it. Under Article 154 of Decision 486, registration grants the exclusive right to use the mark.

If you file on your own through SIPI, the SIC’s online portal, assign someone to monitor the file and track deadlines. If an opposition or refusal arrives, send counsel the notice and file number so they can review the grounds and confirm the time available to act.

Do I need to notarize a trademark power of attorney?

For a routine trademark filing with the SIC, you can grant a power of attorney in a private document without notarization, personal appearance, or legalization.

Separate requirements apply if you withdraw an application or surrender a trademark right. If your attorney takes either step on your behalf, the power of attorney must expressly authorize that action.

Get local advice before filing in Colombia

At Cárdenas Vega Asesores, we can review your proposed mark, assess earlier marks, and help you decide what to file and who should own it. If you have already received a notice, share the notice and your SIC file number or WIPO registration number so we can review the next step.

Explore our trademark registration services in Colombia.