You will find here all the important information about filing trademarks, designs and patents.
Contracting Party of The Paris Convention: YES.
Contracting Party of The Hague Agreement on Industrial Designs: NO.
Decision 486 of the Andean Commission Community, local IP Law.
1 year.
NO.
- Identification of the applicant and the designer (including address and nationality).
- Brief description of the design.
- Drawings.
- Assignment document, if applicable, which needs to be notarised and legalised.
- Priority document, if applicable, which must be certified.
- Power of Attorney (notarised and legalised).
- International class, or the type of the goods the design intends to be applied to.
YES.
NO.
- Filing.
- Formal examination.
- Publication.
- Opposition.
- Decision.
YES, before granting, within 30 business days from publication date.
13 months.
10 years from priority date if claimed. Designs do not pay annuities.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Madrid System: NO.
Decision 486 of the Andean Community. The Andean Pact Decision provides for one common trademark law among the member countries (Bolivia, Colombia, Ecuador, Peru). It does not provide a common registration procedure, but it provides for certain reciprocal rights to be available upon request of the trademark owner. For example, an entity that first applied for registration of a trademark in any Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.
Nice classification, 13th edition
Not possible.
All distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, colors, combinations or shades of colors, three-dimensional forms, the three-dimensional form of a good or its packaging, trade dress, sound marks and olfactory marks.
- Power of Attorney duly notarised and legalised within 60 days from the official request.
- Certified copy of the priority application and its translation into Spanish within 9 months from the priority date.
- Absolute grounds for refusal: YES.
- Relative grounds for refusal: YES.
30 working days from publication date.
Approximately 8-12 months, unless any obstacles were raised.
10 years from the date of registration.
YES. Cancellation can be requested if the trademark has not been used for 3 years in any member state of the Andean Pact, counting from the date of registration. Partial cancellation is possible.
6 months prior to renewal date.
6 months.
Contracting Party of The Paris Convention: YES.
Contracting Party of The Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 31 months.
Decision 486 – Andean Community (Cartagena Agreement Dec 1, 2000) and IP Law, December 9, 2016.
- Patent of Invention.
- Utility Model.
NO.
- Power of Attorney duly notarized and legalized within 60 days from office action.
- Assignment document from the inventors duly notarized and legalized within 60 days from office action. Not required under certain circumstances.
- Certified copy of priority application within 16 months from priority (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).
NOT available.
YES, the examination must be requested in the period of 6 months after publication. Payment of required fees is due within a 6-month term after receipt of official request.
NO.
YES, within 60 working-days from publication.
YES, within 60 working-days from publication.
7 years.
20 years from priority date in the case of Convention applications, international filing date (PCT applications), or national filing date (no priority claim).
10 years from priority date in the case of Convention applications, international filing date (PCT applications), or national filing date (no priority claim).
UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, compositions, substances, methods or uses; lower threshold for inventive step. Uses are excluded from patentability both for patents and utility models.
Yearly also during prosecution of the application.
NOT mandatory.
YES.