News

Speed up process in Colombia

As in most of the Trademark Offices, a typical trademark application can take about 7 to 9 months from filing to the issuing of a registration certificate if the application does not run into any problems.

Recently, the Colombian Patent and Trademark Office by means of Resolution 48.348 of August 11 of 2014 decided to establish a speed up examination process in the registration of trademarks.

Some of the particularities in the new speed up examination process include the following; i) Applicants must file (mandatorily) a petition to the PTO asking for a speed up examination process in the application for registration of a trademark; ii) If an application does not run into any problems, a first instance decision (granting or denying the application for registration of a trademark) can take less than six months; iii) In case of oppositions filed by third parties, the first instance decision (granting or denying the application for registration of a trademark) can take also less than six months.

In regard to the effects, if the trademark application is granted using the speed up process, its registration may be invalidated if the PTO finds that a third party has filed an application for registration of the same trademark claiming priority under the Paris Convention and Decision 486 of the Andean Community.

It must be borne in mind that the PTO will continue conducting the preliminary examinations on the registrability of trademarks and still have the option in denying (ex officio) the applications for registration of trademarks that fall down in the prohibitions contained the Andean Community Decision 486.

Although in principle the speed up process in some cases have the virtuality of reducing the time in the registration of a trademark, its danger resides that after their registration, the PTO has the faculty to declare its invalidity as a consequence of applications of trademarks claiming priority under the Paris Convention and the Decision 486 of the Andean Community.

Finally it have to be pointed out that this new examination procedures relating to trademarks in Colombia, began to be in force on August 11, 2014.

Carmen Sánchez-Puelles