If you’re thinking about protecting your Colombian brand and business in Colombia, it’s important to know the types of trademarks you can register and how they work.
Decision 486 of 2000 regulates industrial property in the countries that are part of the Andean Community of Nations, which are: Colombia, Ecuador, Peru, and Bolivia.
In Colombia, the Superintendence of Industry and Commerce (SIC) is the entity in charge of managing these registrations.
The good news is that the legislation allows you to protect many different elements, not just words or logos. Let’s go through them one by one.
TRADITIONAL TRADEMARKS:
Word Mark (Marca Nominativa)
This trademark consists only of words, letters, or names. It does not include images or graphics; what matters is the text.
Examples:
- Coca-Cola
- Pepsi
Why it’s useful:
- Protects your name so no one else can use it for similar products or services.
- Simple to register and very clear for identifying your Colombian brand in the market.
Figurative Mark (Marca Figurativa)
Here the distinctive element is only a graphic design or logo, without text. It’s the perfect option if your product or service is recognized by an image.
Examples:
- Nike’s “swoosh”
- Apple’s apple
Why it’s useful:
- Makes your Colombian brand visually recognizable, even without words.
- Ideal for companies with strong logos that stand out on their own.
Combined Mark (Marca Mixta)
It’s the combination of words and graphic elements. This type of trademark is very common because it allows you to join name and logo, creating a stronger identity.
Examples:
- Starbucks: the mermaid along with the name
- McDonald’s: the golden arches and the name
Why it’s useful:
- Reinforces your Colombian brand identity by combining text and image.
- Protects both your company’s logo and name.
NON-TRADITIONAL TRADEMARKS:
Three-Dimensional Mark (Marca Tridimensional)
The three-dimensional mark protects the physical shape of a product or its packaging. It’s not just about what is written or drawn, but about the design that makes the product unique.
Examples:
- The Coca-Cola bottle
- Hatsu tea packaging
Why it’s useful:
- Prevents others from copying your product’s shape.
- Strengthens your Colombian brand’s visual identity in the market.
- Key for products where packaging is part of the buying experience.
Olfactory Mark (Marca Olfativa)
This type of mark is based on a distinctive scent that identifies a product or service.
Example:
- The smell of “PLAY-DOH” modeling clay (registered in Mexico)
Why it’s useful:
- Protects unique scents that customers directly associate with your Colombian brand.
- Still uncommon in Colombia, but it can be a powerful differentiator.
Sound Mark (Marca Sonora)
Refers to sounds or jingles that identify your company or product.
Examples:
- Frisby jingle
- Coordinadora jingle
Why it’s useful:
- Strengthens your Colombian brand identity through hearing.
- Ideal for advertising campaigns or companies with a presence in audio media.
Color Mark (Marca de Color)
Protects specific colors used distinctively to identify a product.
Examples:
- The pink of Manzana Postobón (Pantone 183C)
- The characteristic green of Milo (Pantone 361C)
Why it’s useful:
- Prevents competitors from using colors that could confuse consumers.
- Very important in industries where colors are part of Colombian brand identity.
Animated or Moving Mark (Marca Animada o en Movimiento)
Protects sequences of movements or animations that distinguish your brand.
Example:
- The moving lines of the Bancolombia logo
Why it’s useful:
- Strengthens your Colombian brand identity in digital or audiovisual media.
- Allows you to protect logos that aren’t static.
Tactile Mark (Marca Táctil)
This mark is recognized by touch, thanks to a specific shape or texture.
Example:
- The corrugated texture of the OLD PARR bottle
Why it’s useful:
- Differentiates your product from others through the sense of touch.
- Useful for packaging, luxury products, or sensory experiences.
Position Mark (Marca de Posición)
Focuses on the specific placement of a logo or graphic element on the product.
Example:
- The red dot in the center of TEFAL pans
Why it’s useful:
- Protects the way your Colombian brand is positioned on the product.
- Prevents others from copying the same distinctive placement.
Legal considerations
Regardless of the type of trademark being registered—whether traditional or non-traditional—all must comply with the requirements established in the legislation.
In this sense, trademarks must be distinctive, non-functional, and not cause confusion with other already registered marks.
The broad classification allows you to protect everything from names and logos to shapes, colors, sounds, and textures, strengthening the identity of your Colombian brand in the market.
Ready to protect your brand in Colombia?
Don’t let someone else take advantage of your idea, logo, or identity.
At Nexo Legal, we can advise you on registering any type of Colombian brand, ensuring it meets all legal requirements and remains protected against competitors.
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What will happen after you fill out this form?
After submitting the form, your case undergoes a comprehensive review by our team of specialist to assess its viability. Providing clear and concise information about your objectives accelerates this process.
Subsequently, a specialist will be assigned to your case, reaching out to you within a day to clear up details about your case and outline the next steps to help you achieve your goals.
Get started with a free case assessment
What will happen after you fill out this form?
After submitting the form, your case undergoes a comprehensive review by our team of specialist to assess its viability. Providing clear and concise information about your objectives accelerates this process.
Subsequently, a specialist will be assigned to your case, reaching out to you within a day to clear up details about your case and outline the next steps to help you achieve your goals.