Have you asked yourself How to Know if a Trademark is Registered? Here we have for you all the answers you need regarding this topic. It is also important that you know what a Brand is in order to be clear and be able to be successful with the procedure you need to do.
In such a way that, we tell you the instructions and the steps to follow to find out if a Trademark is registered. What is needed to register it, how to renew a Trademark. Also, what it is and what the Superintendency of Industry and Commerce is in charge of, as well as other information that may interest you.
How to Know if a Trademark Is Registered: Instructions
Registering a Trademark is not automatic. The petition must pass a substantive test, where the SIC (Superintendency of Industry and Commerce), which is the agency for Trademarks and Patents in the country and which can obtain precedents, other Trademarks or commercial slogans created and cause an impediment to acquire the respective registration.
For the aforementioned, prior to registering a trademark, it is suggested to know if it is registered in Colombian territory. This is done through a query of graphic and phonetic precedents, in order to know if there are impediments. In other words, similar or equal brands that distinguish exact or linked products.
This information can be consulted, in the SIPI database, of registered brands or in process in front of the Superintendency of Industry and Commerce, through this link. There you will find data on symbols that distinguish: Slogan, names of origin, Trademarks, trademarks and trade names.
In such a way that, below we proceed to detail the instructions to know if a trademark is registered:
- Place the brand and type of product that you want to distinguish. Through the Nice International Classification system, used by many countries, it is possible to know in a concrete way the coverage of the symbol that is being investigated.
- To access the Nice International Classification, you can go to this link. However, in most cases, it is difficult for employers to classify the items to be protected through trademark registration.
- In the event that the registered trademark does not appear in the investigation, the additionally check for similar symbols to this.
- When the brand you want to use is already registered, it is suggested to try again with other options, until an alternative is available.
- Check the expiration date of the brand that is created in an impediment, before the symbol of interest, since when a Trademark expires, the owner no longer has the exclusive right over it.
For most of the users, it is difficult to understand the result of the examination of the precedents of Trademarks, which is carried out before starting the Trademark registration. However, there are experts in the field who can help you decipher whether a Trademark is registered or not.
It should be noted that there are scammers who offer free search services for «equal signs.» In other words, when a person is interested in registering the «HABIANCA» Trademark, to provide ground transportation services, they are notified that the Trademark is not available to be registered.
The safest thing is that it is not taken into consideration that the aforementioned Brand will not be accepted by the SIC, since there is previously the Brand called AVIANCA, which distinguishes the provision of aeronautical transport services.
When carrying out this procedure with an expert, can provide results in a maximum period of 24 hours, must deliver a complete study to determine the feasibility of acquiring the Mark, and the different rules that must be taken before starting the registration phase.
How to Know if a Trademark Is Registered: Steps
The way to know if a Trademark is registered is by making a trademark background check. In this way, the same or similar marks can be found or within the processing period, to prevent a Mark from not being accepted.
All Marcarios reports can be consulted at no cost at the SIPI Virtual Industrial Property Offices. On the other hand, the steps to follow to find out if a Trademark is registered are those listed below:
- Be clear about what a Brand is and what can be registered as such and not as a patent.
- As previously stated, verify the Trademark Background.
- After the Nice International Classification, you must choose the service or the product (according to the case), which will identify the Brand and must be clarified.
- Submit the petition, either digitally or physically.
- Follow up on diligence, review the Current Legal Regulations of the Sole Circular of the Superintendency of Industry and Commerce, with the aim of violating the provisions set forth.
How to know if a trademark is registered: what do I need to register it?
What is fundamentally needed to register a Trademark is the Trademark Background. It should be borne in mind that this is done to corroborate that there is no other identical Trademark to yours. Another aspect is to pay the corresponding fees indicated by the Superintendency of Industry and Commerce.
Also, the pertinent Form must be processed to register the Trademark. Attach the documentation required by the Superintendency of Industry and Commerce.
How to Know if a Trademark Is Registered: Renewal
At the end of the trademark registration process in the SIC, a documentation that proves that you are the owner of a Trademark specific. Said Certificate reflects the expiration date, which will be in ten (10) years starting from the signing thereof.
Additionally, there is six (6) months prior to the expiration of the registration, or a period of six (6) months after the termination of the Trademark registration, and thus have the opportunity to renew the contract. In other words, whether before or after if you want to continue with the Brand, you must carry out this diligence
To obtain the renewal form, access to this link fill it out completely and can be presented physically. For this procedure you have to pay the rate that is indicated. In the case of not requesting the renewal of the Trademark, it will be accepted as expired.
Superintendency of Industry and Commerce
The SIC (Superintendency of Industry and Commerce) is the entity that is in charge of carrying out the administrative management when the registration of a Trademark is acquired. It has territories, where they are in charge of administering justice, related to the infringement of industrial property rights.
In addition, they have the power to control and supervise the Chambers of Commerce, federations and confederations. It is an organization that is part of the Colombian Government. Its main objective is to protect the rights of all consumers, and support freedom of competition.
It also acts as an authority or judge of industrial properties, authorizing commercial entrepreneurs the concession to protect the identification of a product, and in this way inspect the elements that do not admit the plagiarism of Trademarks.
Difference between Trademark and Patent
Through the advancement of this article, we have learned everything related to How to Know if a Trademark is Registered. However, do we know for sure what a Brand is? A brand is the denomination or logo, which distinguishes one product from another, it does not matter if they are of the same type or item.
Through Brands, consumers have the opportunity to discriminate one product from another. For example: All shampoos have the same objective (to wash and protect the hair and scalp). However, there are different types of shampoo on the market: for curly hair, straight hair, sensitive scalp, different fragrances.
In such a way that, the aforementioned makes a difference. In other words, Trademarks serve to distinguish a product with a specific symbol. Likewise, it grants the right of industrial exclusivity (belonging to the design and name).
To differentiate a Trademark from a patent, we will see a hypothetical case. Let’s imagine that someone creates something that causes a stir, and you have to protect it so that they do not take away the idea. What must be done is to register a patent, since if financing is required to develop the plan. For this you must be the owner of the patent.
Knowing what a patent is, it can be said that the difference is that Trademark refers to color, smell or other qualities that are used to distinguish a specific service or product. Through this, it is possible to differentiate a product from the competition.
Another distinction is that the patent is valid for twenty (20) years and does not have a renewal. The Brand has a time of valid for ten (10) years that can be extended.
If you are thinking of registering a Trademark, the first thing you should ask yourself is How to Know if a Trademark is Registered. Another point that you must handle is the difference between a Trademark and a Patent, since sometimes there are confusion about it.
We hope we have helped you with this process and you can do it as soon as possible.
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