Trademark registration in Colombia: 3 Reasons why your trademark may be rejected

Trademark registration in Colombia is not an automatic process.

Every year, the Superintendence of Industry and Commerce (SIC) rejects hundreds of trademark registration applications due to mistakes that, in most cases, could have been avoided with proper legal advice.

The problem is usually not the entrepreneur’s intention, but rather underestimating the importance of a prior analysis.

Below, we explain the three most common reasons why a trademark registration may be rejected in Colombia and what you can do to protect your investment from the very beginning.

1. Because it is identical or similar to an existing registered trademark 

By far, this is the main reason trademarks are rejected in Colombia.

The SIC does not only evaluate whether two trademarks are identical. It analyzes whether there is a risk of confusion or association from the perspective of the average consumer, taking into account:

• Orthographic similarity
  
  
• Phonetic similarity
  
  
• Conceptual similarity
  
  
• The relationship between the goods or services
  
  

Many applications are rejected because:

• No prior trademark search was conducted
  
  
• The search was superficial
  
  
• Related classes were not analyzed
  
  
• Well-known or highly recognized trademarks were ignored
  
  

📌 Key tip: before investing in branding, design, or marketing, it is essential to conduct a serious and strategic trademark registration viability study—not just a basic search.

2. Because it describes the product or service (lack of distinctiveness)

A trademark must be distinctive, meaning it must be capable of identifying the business origin of a product or service and differentiating it from others.

The SIC may deny registration of signs that:

• Directly describe the product or service
  
  
• Indicate qualities, characteristics, or functions
  
  
• Are generic or commonly used in the sector
  
  

Typical examples of rejection include:

• “Artisan Bread” for a bakery
  
  
• “Dental Clinic” for dental services
  
  
• “Sportswear” for clothing
  
  

Although these names may sound “clear” from a business perspective, they do not function as trademarks from a legal standpoint.

📌 Key tip: the strongest trademarks tend to be creative, evocative, or arbitrary—not descriptive. They are easier to protect and more valuable in the long term.

3. Because it affects third-party rights (Name, Pseudonym, or Reputation)

A trademark registration may also be rejected even if there is no identical registered trademark.

This happens when the applied-for sign:

• Reproduces or evokes the name or pseudonym of a well-known person
  
  
• Takes unfair advantage of someone else’s reputation
  
  
• May affect the identity or prestige of a third party
  
  

This analysis is based on Andean Decision 486 of 2000, which protects third-party rights against registrations that may result in unfair advantage or reputational harm.

The SIC pays special attention to these cases when:

• The person or brand is easily recognizable by the public
  
  
• The evocation is direct, even if it is not identical
  
  

📌 Key tip: using names “inspired” by famous brands or public figures is not a safe strategy, even if letters are changed, words are modified, or additional terms are added.

Rejection is not the end… but it is a cost

When a trademark registration is rejected , the impact is not only legal. It also involves:

• Loss of time
  
  
• Loss of administrative fees
  
  
• Delays in launching the business
  
  
• Risk of having to change the brand name
  
  

In intellectual property, prevention is always more profitable than correction.

How to reduce the risk of trademark registration rejection

At Nexo Legal, we support our clients from the very beginning with a preventive and strategic approach, which includes:

• Broad and well-structured trademark searches
  
  
• Legal and commercial viability analysis
  
  
• Proper definition of classes
  
  
• Protection strategies aligned with the growth of the business
  
  

Trademark registration is not just about fulfilling a legal requirement.

It is about protecting one of your company’s most valuable assets.

If you are thinking about registering your trademark or have doubts about its viability, our Intellectual Property team can help you do it right from the start.