Trademark Opposition Filing (SIC) Colombia

The Trademark Opposition Filing before the Superintendencia de Industria y Comercio (SIC) in Colombia is the formal legal document through which the owner of a registered trademark, a pending trademark application, a trade name, or any other protected distinctive sign opposes the registration of a new trademark application that is identical or confusingly similar to the pre-existing sign. This mechanism is established in Articles 146 to 148 of Decisión Andina 486 de 2000 (the Andean Community Common Regime on Industrial Property), which is supranational law directly applicable in Colombia, Ecuador, Peru and Bolivia, and is processed by the Delegatura para la Propiedad Industrial of the SIC under the procedures established in the Circular Única SIC.

Decisión Andina 486 de 2000 is the primary industrial property regulation applicable in Colombia. Article 146 establishes that within thirty (30) business days following publication of a trademark application in the SIC's Official Industrial Property Gazette (Gaceta Oficial de Propiedad Industrial), any person with a legitimate interest may file a duly reasoned opposition to the application. Article 147 specifies the admissible grounds for opposition: the applied-for mark is identical or similar to an already registered or prior-filed mark for identical or similar goods or services; the sign reproduces, imitates or contains a registered or well-known trade name; the mark is contrary to public morality, public order or accepted principles of commercial conduct; and other grounds contained in Articles 135 and 136 of the same Decision.

In Colombia, the SIC is the state entity responsible for administering the industrial property system, exercising the functions delegated by the Colombian State under Article 15 of Decisión Andina 486 de 2000. The Delegatura para la Propiedad Industrial receives trademark applications, publishes them in the Gaceta Oficial de Propiedad Industrial, processes oppositions filed by third parties, and issues resolutions granting or denying registration. The SIC also has jurisdiction to process recurso de reposición and recurso de apelación against its own resolutions in trademark matters, under the CPACA (Ley 1437 de 2011).

Trademark opposition is a preventive industrial property protection mechanism that is far more efficient and cost-effective than post-registration nullity actions or trademark infringement actions (acción de competencia desleal por confusión, or infringement action under Article 238 of Decisión Andina 486 de 2000), which can only be pursued after the conflicting trademark has already been registered. An opponent who fails to act within the 30-business-day window from publication permanently loses the opportunity to oppose through the administrative channel and is limited to more costly and time-consuming judicial remedies.

The Trademark Opposition Filing template available at forms-legal.com is designed in accordance with the formal requirements of Decisión Andina 486 de 2000, the Circular Única SIC, and the current procedure of the Delegatura para la Propiedad Industrial, enabling Colombian companies, individuals, and attorneys to file a well-founded, complete, and timely opposition that maximises the likelihood of success in defending a pre-existing distinctive sign against a conflicting trademark application in Colombia.

The Trademark Opposition Filing before the SIC is necessary when the owner of a registered trademark, trade name, denomination of origin, or any other protected distinctive sign discovers that a third party has applied for registration of an identical or confusingly similar mark with the Superintendencia de Industria y Comercio in Colombia. The most frequent scenarios are the following.

Mark identical or similar to goods or services in the same class: When a competitor applies for registration of a mark that reproduces or imitates the opponent's sign for the same or similar Nice Classification classes in which the opponent holds a registered or prior-filed mark, there is a direct basis for opposition under Article 136(a) of Decisión Andina 486 de 2000. Similarity may be visual, phonetic, conceptual, or a combination of the three.

Mark that reproduces a well-known trade name or commercial sign: When the applied-for mark reproduces or imitates the trade name of a company or business establishment that has achieved notoriety in the Colombian or Andean market, even if not formally registered as a trademark before the SIC, the trade name owner may oppose under Article 136(b) of Decisión Andina 486 de 2000 and Article 603 of the Colombian Commercial Code.

Notorious and internationally renowned marks: Owners of notorious or highly renowned marks in Andean Community member countries or internationally may oppose the registration of confusingly similar marks in Colombia, even without a current local registration, invoking Article 136(h) of Decisión Andina 486 de 2000 and the special protection afforded to well-known trademarks.

Bad-faith trademark applications: When a third party applies to register in Colombia a mark that reproduces the sign of a foreign or domestic company that has not yet filed its local application, with the evident purpose of blocking its market entry or extracting payment, the affected party may oppose citing Article 137 of Decisión Andina 486 de 2000 on bad-faith applications, in addition to confusability grounds.

Marks that include protected denominations of origin or geographical indications: When a trademark application includes, reproduces, or imitates a denomination of origin protected in Colombia or the Andean Community — such as Café de Colombia, Queso Paipa, or Cholado del Valle — the holder of the denomination of origin registration or the managing entity may file opposition under Article 135(m) of Decisión Andina 486 de 2000.

A Trademark Opposition Filing before the Superintendencia de Industria y Comercio (SIC), under Article 146 of Decisión Andina 486 de 2000 and the Delegatura para la Propiedad Industrial procedure, must contain the following elements to be admitted and processed.

**Identification of the opponent and standing.** Full name or corporate name of the opponent, national identity document (cédula de ciudadanía) or Tax ID (NIT), address for notifications in Colombia, and email address. If acting through a representative, attach a duly authenticated special power of attorney under Article 149 of Decisión Andina 486 de 2000. State the capacity in which the opponent acts: owner of a registered trademark, applicant of a prior-filed trademark, trade name holder, denomination of origin holder, or holder of another protected distinctive sign.

**Identification of the opposed trademark application.** Application number as published in the SIC's Gaceta Oficial de Propiedad Industrial, date of publication, denomination of the applied-for mark, Nice Classification class or classes, and name or corporate name of the applicant. This information appears in the publication notice in the Gaceta that triggers the 30-business-day opposition window.

**Identification of the pre-existing sign that grounds the opposition.** Registration or prior application number of the opponent's mark before the SIC, date of registration or application, exact denomination of the registered sign, Nice Classification class or classes, and registration validity period (Colombian trademarks have a ten-year renewable term under Article 153 of Decisión Andina 486 de 2000). Attach a current registration certificate issued by the SIC within 30 days, or a copy of the pending application with the filing date stamp.

**Legal grounds for the opposition.** Detailed explanation of why the applied-for mark is confusingly similar to the opponent's sign or falls within the prohibitions of Articles 135 and 136 of Decisión Andina 486 de 2000. Include: (a) visual similarity analysis — comparison of the graphic appearance of both signs; (b) phonetic similarity analysis — comparison of the pronunciation and sound of both denominations; (c) conceptual similarity analysis — comparison of the meaning or idea evoked by each sign; (d) competitive connection analysis between the goods or services of both marks in the relevant Nice classes; (e) risk of confusion or association in the mind of the average Colombian consumer. Cite specific articles of Decisión Andina 486 de 2000 and supporting SIC or Consejo de Estado case law.

**Evidence supporting the pre-existing sign and its use.** Attach: (a) current trademark registration certificate issued by the SIC; (b) catalogues, invoices, advertising materials, labels, or any materials demonstrating actual use of the mark in Colombia for the claimed goods or services, particularly important when asserting notoriety under Article 136(h) of Decisión Andina 486 de 2000; (c) Internet domain registrations, social media profiles, or digital presence associated with the sign; (d) sworn statements or chamber of commerce certifications evidencing the trade name or commercial sign, if the opposition is based on an unregistered sign.

**Deadline and filing procedure.** The opposition must be filed before the Delegatura para la Propiedad Industrial of the SIC within thirty (30) business days following the publication date in the Gaceta Oficial de Propiedad Industrial, under Article 146 of Decisión Andina 486 de 2000. Filing may be done in person at SIC headquarters in Bogotá D.C. (Carrera 13 No. 27-00), through the Ventanilla Única Empresarial (VUE) at chambers of commerce, or via the SIC virtual filing system as permitted under the Circular Única SIC. Missing the 30-business-day deadline permanently extinguishes the right to oppose through the administrative channel.

**Forms-legal.com** provides this Trademark Opposition Filing template for companies, entrepreneurs, and Colombian attorneys who need to defend their distinctive signs before the Superintendencia de Industria y Comercio. Assistance from an attorney specialising in Colombian industrial property law is recommended for oppositions based on notorious marks, denominations of origin, or bad-faith grounds that require specialised legal arguments and targeted evidence collection aligned with SIC and Consejo de Estado jurisprudence.