Intellectual Property

Renewing a trademark in Colombia: time limits, risks and a review before you lose it

Renewing a trademark in Colombia looks like a calendar formality, but for any company already using that sign —on its products, contracts, licenses or communications— the renewal is an opportunity for a strategic audit: confirming that the registration still reflects the real business, that the owner is the right one, that the classes cover what is actually marketed today and that there are no silent risks of lapse or cancellation built up over the years of operation.

A trademark registration lasts ten years from the grant and can be renewed indefinitely for equal periods. The window for doing so is precise: the six months before expiration, plus six additional months of grace with a surcharge. Anyone who lets those twelve months pass without filing the application with the Superintendencia de Industria y Comercio (SIC) can lose an asset that took years to build and that cannot be recovered except by starting a new registration process, with everything that entails in time, cost and uncertainty as against third parties.

This guide walks through the exact time limits set by Decisión 486 of the Comunidad Andina, the reviews worth carrying out before filing the application, the mistakes that can cost you the trademark, the critical distinction between renewal and cancellation for non-use, and a checklist of steps for reaching the procedure with all the information in order. (TJCA (Tribunal de Justicia de la Comunidad Andina) 084-IP-2012)

The legal framework

Time limits that should not be improvised

The time limits for trademark renewal in Colombia are set out in Decisión 486 of the Comunidad Andina, the supranational regime applicable in Colombia, Bolivia, Ecuador and Peru. Article 152 establishes the term of the registration; article 153 governs the procedure and the time windows. Both must be read together to understand what is at stake and when to act.

Decisión 486, Art. 152 — Term of the registration

«The registration of a trademark shall have a term of ten years counted from the date of its grant and may be renewed for successive ten-year periods.»

The term runs from the grant, not from the application. In Colombia, several months or more than a year can pass between the application and the grant, depending on the complexity of the process. Calculating the expiration from the application date is one of the most frequent mistakes.

Decisión 486 — full text (FAO Lex) →

Decisión 486, Art. 153 — Renewal and grace period

«The owner of the registration [...] shall apply for renewal [...] within the six months preceding the expiration of the registration. [...] shall have a grace period of six months, counted from the date of expiration of the registration, in which to apply for its renewal [...] During that period, the trademark registration shall remain fully in force. For renewal purposes, no proof of use of the trademark shall be required, and the registration shall be renewed automatically, on the same terms as the original registration. However, the owner may reduce or limit the products or services listed in the original registration.»

Three central rules: (1) the ordinary window is the six months before expiration; (2) there is a further grace period of six months, with a surcharge, during which the registration remains fully in force; (3) no proof of use is required on renewal, but it is possible to narrow the scope of classes or products.

The following table summarizes the calendar of time limits together with the consequence for anyone who does not act in time:

The difference between the expiration of the registration and the definitive lapse matters a great deal in practice: during the six months of grace, the sign remains protected and the owner can go on using it, licensing it and defending it against third parties. But that window is used up quickly, and the administrative surcharge is not the only cost: the internal negotiations over who pays, who the current owner is or which classes are to be kept must be settled before the time limit closes, not during the grace-period filing.

Prior audit

8 checks before renewing a trademark in Colombia

Article 153 of Decisión 486 allows renewal on the same terms as the original registration, which in principle makes the procedure a simple administrative act. But that simplicity can be misleading. A company that renews without reviewing may be paying for coverage it no longer uses, keeping an out-of-date owner on record or ignoring cancellation risks that a third party can trigger at any moment.

Before filing the application, it is advisable to run at least eight checks:

Article 153 also opens up a possibility that few companies take advantage of: on renewal, the owner may reduce or limit the products or services covered. For a company that has changed business lines, that has stopped manufacturing certain products or that wants to put its portfolio in order before an investment round, that reduction can be useful: it avoids paying fees for coverage that generates no value and presents a cleaner registration to buyers, investors or licensees.

Risk management

Table of risks on renewal

Each situation at the time of renewal has a different risk profile. The following table summarizes the most frequent scenarios and what it is advisable to do in each one:

Documentation

Documents worth gathering

The SIC processes the renewal through the SIPI portal (sipi.sic.gov.co). The procedure itself is not complex, but arriving with complete and correct documentation from the outset avoids additional requests, delays or ownership errors that are costly to correct later. These are the documents worth having ready: (TJCA 38-IP-2008)

• Trademark registration certificate: the original document issued by the SIC, with the case file number, the date of grant, the classes covered and the name of the owner. It is the source of information for verifying all the data before filing.
• Exact date of grant and expiration: this can also be checked on the SIPI portal by entering the case file number. Confirm that the date recorded in internal systems matches the official one held by the SIC.
• Receipts for previous renewals: if the trademark has already been renewed once, the receipt for that renewal serves to verify the current term and to rule out inconsistencies in the case file.
• Up-to-date details of the owner: a current certificado de existencia y representación legal (issued by the Cámara de Comercio no more than 30 days earlier), the legal representative's identification and current contact information. If there was a change of name or of corporate name, provide the documents evidencing the change.
• Assignment or transfer documents, if applicable: if the trademark changed hands through a merger, a spin-off, a sale or a succession and that transfer was not recorded with the SIC, gather the corresponding documents in order to start the recording procedure.
• List of products and services covered: the exact list that appears in the original registration, together with the decision on what is to be kept and what is to be narrowed on renewal.
• Evidence of use of the trademark (even though it is not required in order to renew): invoices bearing the sign, packaging, advertising, website screenshots, photographs of the premises, contracts. This documentation is not attached to the renewal procedure, but it must be kept up to date in order to face a possible cancellation action for non-use.
• License, franchise or distribution agreements: to verify that the use third parties make of the trademark is authorized, that the contracts are in force and that the territories and conditions are documented.
• Portfolio of related trademarks: a list of all the registrations, slogans, logos and applications under way, with their expiration dates, so as to plan the renewals in a coordinated way.
• TJCA (Tribunal de Justicia de la Comunidad Andina), Interpretación Prejudicial 084-IP-2012 (October 24, 2012; President: José Vicente Troya Jaramillo — TROLLI IBÉRICA S.A. and MEDERER GmbH vs. SIC and PROCAPS S.A.; cancellation of a figurative trademark for non-use) — cancellation for non-use (Arts. 165–167 Decisión 486 CAN): «Use must be real, effective, genuine, in good faith, normal and unequivocal. The burden of proving the use in question shall lie with its owner.» The cancellation may be partial: «the competent national office shall order a reduction of the list of products or services protected by the trademark, removing those in respect of which the trademark was not being used» (Art. 165).

Common mistakes

Mistakes that can cost you a valuable trademark

Most registrations lost through expiration are not lost through deliberate negligence, but through management errors that look minor at the moment they occur. These are the most frequent ones:

Updated sign

What to check if the trademark is no longer used in the same way

Many companies reach the renewal with a registration that describes the sign they were using ten years earlier: an older logo, a typeface that has since changed, colors that were updated or a denomination that evolved over time. The question worth answering before renewing is whether the difference between what was registered and what is used today is relevant enough to create a legal risk.

Article 166 of Decisión 486 provides that use of a trademark in a manner that differs from the registered form only as to details or elements that do not alter its distinctive character does not give rise to cancellation for failure to use it. That means that minor variations, such as a change of typeface that does not affect the general form of the sign, do not break the continuity of use or compromise the registration. But if the change goes to the substance, the analysis changes:

Decisión 486, Art. 166 — Use with minor variations

«A trademark shall be deemed to be in use when the products or services it distinguishes have been placed in trade or are available on the market under that trademark, in the quantity and in the manner that normally corresponds [...] Use of a trademark in a manner that differs from the form in which it was registered only as to details or elements that do not alter its distinctive character shall not give rise to cancellation of the registration for failure to use it [...]»

This article is relevant not only for defending the registration, but also for assessing whether the updated version of the sign is still covered by the original registration or whether a new application is necessary. The answer depends on the degree of difference and on the impact on distinctiveness.

Where the difference between the registered sign and the sign in use is substantial, it is advisable to assess:

• A new application for the updated sign: pursuing registration of the current logo, typeface or denomination, without abandoning the original registration, which remains in force and protects the earlier version of the sign.
• Complementary applications: if the company uses the word sign and the mixed sign (logo + name) independently, it can be useful to have both registered separately.
• Portfolio review: an update of the sign is a good opportunity to put all the registrations in the portfolio in order and to identify those still in force and those that no longer have any use or strategic value.

Renewal of the original registration can coexist with the processing of a new application for the updated sign. They are not mutually exclusive. What is not advisable is to renew without reviewing this situation and to trust that the old registration covers the current presentation when the difference could be relevant.

A critical distinction

Renewal, cancellation for non-use and trademark watching: the distinction that causes the most confusion

One of the most important points in this article is a distinction that Decisión 486 sets out clearly but that many companies lose sight of: renewing a trademark does not guarantee that the registration is unassailable. If the trademark is not used, the renewed registration remains exposed to cancellation for non-use. These are two different regimes with different logics.

Decisión 486, Art. 153 — No proof of use is required in order to renew

«For renewal purposes, no proof of use of the trademark shall be required, and the registration shall be renewed automatically, on the same terms as the original registration.»

Renewal is a formal act: the application is filed, the fee is paid and the registration is extended for ten more years. The SIC does not assess whether the sign has actually been used. That makes the procedure simpler, but it does not eliminate the risks arising from non-use.

Decisión 486, Art. 165 — Cancellation for non-use

Cancellation for non-use applies where the trademark has not been used in at least one Member Country of the Comunidad Andina for three consecutive years. Any person with a legitimate interest may apply for cancellation to the competent national office.

This means that a trademark can be renewed correctly and, at the same time, be exposed to a cancellation action if actual use is not established for the relevant period. Cancellation can be applied for at any time, not only at expiration.

Decisión 486, Art. 167 — Burden of proof of use

«The burden of proving use of the trademark shall lie with the owner of the registration. Use of the trademark may be proven by means of commercial invoices, accounting documents or audit certifications demonstrating the regularity and the quantity of the marketing of the goods identified with the trademark, among others.»

If a third party applies for cancellation for non-use, it is the owner who must prove that the trademark has been used, not the applicant who must prove the non-use. That reversal of the burden of proof matters: an owner who keeps no documentation of use can be left without a defense even though products were in fact marketed under the sign.

The difference between the two regimes can be summed up like this: renewing preserves the registration; using the trademark protects it from cancellation. A company that has a trademark of high strategic value, that plans to license it, that is considering selling it or that uses it as an asset in a financial negotiation needs both things: renewing in good time and keeping documented evidence of use.

Trademark watching also matters. A renewed registration that is in use can still be attacked if similar trademarks appear on the market or if a competitor applies to register a similar sign. Active trademark watching, which consists of monitoring the publications in the Gaceta de la Propiedad Industrial (the SIC's official industrial property gazette) and movements in the market, makes it possible to detect those threats far enough in advance to act.

Professional advice

When it is advisable to have a lawyer's support

Not every renewal requires the same level of professional involvement. A straightforward trademark, with an unchanged owner, with classes that still match the current business and with no licenses or disputes, can be renewed directly through the SIPI portal if the owner is familiar with the procedure. But there are situations in which the complexity of the case justifies specialized support from the outset:

• The owner of the registration changed through a merger, a sale, a corporate transformation or a succession, and the assignment was not recorded with the SIC.
• There are active licenses or franchises and the contracts are out of date or expired.
• There is a conflict among shareholders over who has the right to renew or over the costs of the procedure.
• The current sign differs in a relevant way from the registered sign and there are doubts as to whether the original registration still covers the presentation in use.
• The registration is close to expiring and a grace period is under way, which narrows the time available to resolve any inconsistency.
• The trademark forms part of a portfolio with multiple registrations, classes, countries or applications under way.
• The business has operations in other Comunidad Andina countries (Bolivia, Ecuador or Peru) or in markets outside the region, and the trademark strategy has to be coordinated at a regional or international level.
• The company is considering a sale, taking on investment or moving into new markets, and the trademark is a key asset in the valuation.
• There is a cancellation action for non-use under way or a threat from third parties that has to be dealt with before or in parallel with the renewal.
• The company has doubts about which classes to keep and which to narrow, and it has no up-to-date analysis of its portfolio of products and services.

In all those cases, reviewing the case with a lawyer before filing the application is usually cheaper than correcting mistakes after the procedure is under way or after the registration has been lost through a delay in decision-making.

An overall view

Portfolio audit before renewing

The renewal of a trademark is a natural moment to pause and review the company's entire portfolio of trademark assets. Many organizations discover in that exercise that they have more registrations than they remember, with different expiration dates, out-of-date owners and coverage that no longer matches the current business.

A basic inventory of the portfolio should include, for each registration:

• Case file number and registration number with the SIC.
• Type of sign: word mark, mixed, figurative, three-dimensional.
• Nice Classification classes covered and the list of products or services.
• Exact date of grant and expiration date.
• Name of the current owner and comparison with the owner recorded with the SIC.
• Status of use: active, intermittent, unused for the last three years.
• License, franchise or assignment agreements associated with the registration.
• The person internally responsible for tracking the expiration calendar.

With that information organized, the company can make well-founded decisions before each renewal: which registrations to keep intact, which to narrow in scope, which to update because the sign has evolved, which to abandon because they no longer generate value and which require recording an assignment or updating the owner. That review is also valuable to present to investors, buyers or financial institutions assessing the state of intangible assets during a due diligence process.

The cancellation for non-use under article 165 adds urgency to this exercise: if there are trademarks in the portfolio that have gone unused for three years or more, keeping them active without a strategy of use is a cost with no real benefit and, eventually, a risk that a competitor can exploit. Putting the portfolio in order before renewing makes it possible to take those decisions deliberately rather than reactively.

Internal management

Internal renewal calendar

The calendar mistake is the most frequent and the most avoidable one. A company with more than one registered trademark needs an alert system that works independently of what any one person knows: if the person responsible for tracking is replaced, the information cannot be lost.

An effective renewal calendar has at least two layers of alert for each registration:

The alert system must live in a tool that does not depend on one person's memory: a spreadsheet with dates, intellectual property management software, the legal department's calendar with staggered reminders. What matters is that the alert arrives far enough in advance to resolve any unexpected situation before the time limit closes.

Step by step

Checklist for renewing a trademark properly in Colombia

Use this list as a check before filing the application. Tick each item as you resolve it; whatever remains unticked is what should be settled before filing:

• Verify the exact expiration date on the original registration certificate or on the SIPI portal. Confirm that the calculation uses the date of grant, not the date of application.
• Confirm that you are within the ordinary time limit (six months before expiration) or within the grace period (six months after). If the grace period has already expired, the registration has lapsed.
• Review the owner's name on the registration and compare it with the company's current situation. If there was a merger, a change of name, a sale or an unrecorded assignment, start that filing in parallel.
• Review the classes and products covered and decide whether to keep them or to narrow them on renewal. The reduction is irreversible; broadening requires a new application.
• Document the actual use of the trademark (invoices, packaging, advertising, website, contracts) even though it is not a requirement of the renewal procedure. This documentation protects against cancellation actions for non-use (Arts. 165 and 167).
• Audit the license and franchise agreements: verify that they are in force, that the territories and conditions are documented and that use by third parties has contractual backing.
• Check whether the current sign differs from the registered one substantially, and assess whether a new application is needed for the current version.
• Review the entire portfolio of the company's trademarks together with their expiration dates so that no secondary registrations are lost.
• Check the fee currently in force with the SIC before filing the application. Fees may be updated and a surcharge may apply during the grace period.
• Prepare the owner's documents: a current certificado de existencia y representación legal (chamber of commerce certificate), the legal representative's identification and the assignment documents if the owner has changed.
• Log in to the SIPI portal (sipi.sic.gov.co), complete the renewal form with the confirmed data, attach the documentation and pay the applicable fee.
• Keep the filing receipt and set an alert for the next expiration (ten years from the renewal).

Further reading

Laws and case law cited

If you would like to go deeper into the topics this guide covers, these sources and readings can help you:

• Decisión 486 of the Comunidad Andina — Common Industrial Property Regime: Arts. 152, 153, 165, 166 and 167 are the central articles for understanding renewal and cancellation for non-use.
• SIPI — Sistema de Información de Propiedad Industrial (SIC) — The official portal for consulting case files, checking expiration dates and filing renewal applications.
• SIC — Trademarks — Official information on filings, fees and procedures before the Superintendencia de Industria y Comercio.
• Gaceta de la Propiedad Industrial (SIC) — The publication in which registration applications, cancellation decisions and oppositions appear. A useful source to consult for trademark watching.
• Intellectual property lawyer — Cafore Abogados — Support in renewals, portfolio audits, licenses, assignments and trademark defense before the SIC.

This guide is informational and general in nature. It does not replace a legal review of the sign, the classes, the case file, the ownership, the actual use and the particular circumstances of each registration. Last editorial review: June 2026. Prepared by Cafore Abogados on the basis of Decisión 486 of the Comunidad Andina and public information from the SIC.