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Any change in the information of the public trademark register has to be informed to the Colombian Patent and Trademark office (PTO). Here you will find all the information you require for this process. For modifications to pending applications please visit our new trademark application section. Which modifications have to be filed in the public trademark register?
Changing the sign of the trademark is also a modification?
How is the modification procedure? How long does it takes? What information and documents is required to start the procedure?
Which modifications have to be filed in the public trademark register? Transfers/Assignments: In case of change of ownership of the trademark Change of name: In case the name of owner has changed, for example from Acme Inc to Acme International Inc. Change of domicile: In case the domicile of the owner has changed, for example from New Jersey to Delaware. Change of address: In case the address of the owner has changed. License agreements: In case there is a license agreement it has to be recorded in order to make it public to third parties. Changing the sign of the trademark is also a modification? It is not possible to changed the sign of a registered trademark. In case you have changed of sign (logo, drawing…) you have to file a new trademark application. How is the modification procedure? The modification process starts filing a petition before the PTO. If the documents are in order the change in public register is made. If there is a problem with the documents the PTO will issue an office action that has to be responded in the next two months. How long does it takes? The normal procedure can last between 2 or 3 months. In case of an office action it can take 4 more months. What information and documents is required to start the procedure? To start the procedure we require: 1. A complete identification of the applicant: a. Name or complete corporate name b. Complete address c. Domicile (city and country) d. Phone and fax number e. Email address If a corporation, the same information for the legal representative. In case of assignment, the same information of the assignor 2. Clear instructions of the changes that have to be made. 3. Complete trademark identification (mark, class, file number, certificate number) The following documents can be filed in the next two months after the application. However, we recommend you to file the complete application from the beginning. 4. If the applicant is a corporation we needs a certificate of incorporation or an equivalent document. This document has to indicate, a) that the corporation exists, b) that the corporation is running and c) that the person who grants the power has the legal capacity to grant it. This certificate can be issue by a National entity of the country of the applicant (for example, the chamber of commerce or the public trade register) or it can be sent by the competent Colombian Consulate . We hardly recommend you to contact the colombian consulate. They will indicate you the documents you need for this certificate. 5. The power of attorney. 6. In case of assignment the transfer document. 7. In case of change of name, a copy of the document that establishes the change of name, issued by the competent authority. Documents 4, 5,6 and 7 have to comply with this formalities |
