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OPPOSITIONS IN COLOMBIAThe opposition workflow:We have created an opposition workflow which may give you a visual idea of the process a Trademark Opposition goes through:
 (Click on Image to view full worklow)
Criteria:Bellow is an extract of the decision 486, which outlines our opposition criteria:
Article 145.- If the application meets the formal conditions of form laid down in this Chapter, the competent national office shall order its publication.
Article 146.- Within thirty days following such publication, any person having a legitimate interest may, one time only, file a valid objection that could result in invalidation of the trademark registration.
The competent national office may, at the request of a party and once only, grant an additional thirty-day period in which to provide valid reasons for opposing registration of the trademark.
Reckless objections may be sanctioned if provided for by domestic legislation.
No objections based on such trademarks as may have existed at the same time as that being applied for, may be lodged against the application within six months following expiry of the grace period referred to in article 153.
Article 147.- For the purposes of the previous article, it shall be understood that both the owner of an identical or similar trademark, for goods or services in respect of which use of the other trademark would be likely to lead to confusion, and the person that first applied for registration of the trademark in any Member Country, have a legitimate interest in lodging objections in the other Member Countries. In either case, such opponents shall demonstrate real interest in operating in the market of the Member Country where they are filing an objection by applying for registration of the trademark at the moment they express their opposition.
If an objection is lodged on the basis of a trademark previously registered in any Member Country under the provisions of this article, the competent national office shall have the authority to deny registry of the second trademark.
The filing of an objection based on an application for trademark registration previously filed in any Member Country under the provisions of this article shall result in the suspension of the registration of the second trademark until such time as the registration of the first has been conferred. In that event, the stipulations of the previous paragraph shall be applicable.
Article 148.- The competent national office shall, in the event of any opposition having been presented, request applicants to submit such arguments and evidence as they deem fit within thirty days following that notification.
The competent national office shall, at the request of one of the parties, grant for one time only a period of thirty additional days in which to provide valid reasons for the refutation.
Article 149.- The competent national office shall not accept for consideration such objections as:
a) are lodged without an indication being given of the essential data identifying the opponent and the application against which the objection is being filed;
b) are lodged after the deadlines have lapsed;
c) have not paid the prescribed processing fees.
Article 150.- At the expiration of the period stipulated in article 148, or if no objections have been filed, the competent national office shall proceed to conduct the examination of registrability. Should any opposition have been presented, the competent national office shall rule on those objections and on the grant or refusal of registration of the trademark and inform the parties of its decision.
The Appeal ProcessAgainst resolutions issued by the TM Office; the following appeals will follow: - First appeal: Is carried before the Trademark Office and decided by the same examiner who issues the first resolution. He will modify or confirm his decision.
- Second appeal: Is carried efore the Superior Administrative Chief of the TM Office, with the same purpose of reviewing the decision issued by the examiner an to confirm or revoke the resolution. This is the last stage before the Trademark Office.
According with our legislation, appeals may be filed during a term of five (5) days counting from the date when the Resolution is served.
Once the appeals are exhausted, the only alternative would and Action of Nullity and Reestablishment of the Rights before the State Council of Colombia, maximum Court in Colombia in the field of the Industrial Property. There is a term of four (4) months from the date of the issuance of the last appeal to record the Action of Nullity and Reestablishment of the Rights.
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