PTO will grant trademarks in 4 months
By means of Resolution No. 48.348 of 2014, the Colombian PTO (SIC) will speed up the granting of trademarks and commercial names by allowing applicants to obtain their registration within 6 months. The PTO seeks to reduce the average term for granting or rejection, which currently is close to 5 and a half months.
The implementation of said Resolution, which is in force since its publication on August 28, 2014, will allow the PTO to have an average decision term of 4 months, thus positioning itself amongst the swiftest PTO offices worldwide.
Traditionally, pursuant to the provisions of two international regulations (Article 4 of the Paris Convention and Article 9 of Decision 486 of the Andean Community of Nations), which establish trademark applicants’ right of priority, it was interpreted that it was not possible to grant – but it was to reject – a trademark before 6 months counted from the application date.
The solution found by the Colombian PTO consists in the applicant being able to make a request for the grant of the trademark in a term of less than 6 months, provided that priority for an identical or similar trademark is not claimed.
Statistics provided by the Directorate of Distinctive Signs of the Colombian PTO reveal that during the last 10 years, 253,385 trademarks were applied for, of which only 12,598 (4.9 %) claimed priority.
According to the local PTO, last year 37,000 trademarks were applied for in Colombia, and this year this number is expect to reach 40,000. Therefore, if this tendency is maintained, only 1,960 of these applications will claim priority. While the number of applications with risk of conflict with a previously registered trademark would be of 588 (1.4 %), the rest of them would have benefited from the speeding up of the granting process.