From Application to Decision: An Examiner’s Perspective in Colombia

Each product strives to differentiate itself in the market, and behind that identity is a process to protect its industrial property.

It all starts with the trademark application, where the sign must be distinctive and capable of being represented graphically.

The first stage is the formality examination, where the examiner verifies that basic requirements are met, such as clear reproduction of the mark, payment of fees and correct classification of products or services.

Once that stage is completed, the approved application is published in the Gazette and the opposition period begins. Third parties may object to the application, but they must prove their case.

Next comes the substantive examination, which protects the public interest. Trademarks are rejected that are not distinctive, that may be misleading, that reproduce appellations of origin or official symbols, or that are contrary to law and morality.

Relative prohibitions are also analyzed, which prevent confusion with already registered trademarks and protect copyright or industrial property rights.

Finally, the examiner issues a reasoned decision based on sound judgment and criteria that are adapted to market realities and the context of consumers.

Trademark examination requires rigor, impartiality and technical knowledge.

I am a trademark examiner in Colombia. My role is to ensure that every registration complies with the law, protects innovation and contributes to the security of the industrial property system.