The Colombian Trademark Office (CTO), with the purpose of a more efficient process of trademark and slogan registration, introduced by means of Resolution No. 70252 dated September 19, 2018, the option of applying for an “accelerated formal exam for trademark and slogan application”. Through this new exam, the CTO is complying article 144 of the Decision 486 of the Andean Community that stated that Trademark Offices should complete the formal examination within the next 15 days of the application. 

Therefore, if an application complies with the requirements for this exam, not only will it have a speedier publication in the Industrial Property Gazette but will also avoid official writs requesting the clarification of the applied products and services. 

Below we explain the requirements that must be met in order to apply for the accelerated formal examination: 

The applied sign must be a trademark (word, word and design, design) and/or slogan.  

• it does not apply to non-traditional trademarks i.e. Three dimensional trademarks, color trademarks, tactile trademarks, amongst others. 

It must be filed as an online application. 

• Currently in Brigard Castro all applications, unless the client instructs us otherwise, are presented through the online office. 

The applied products and/or services need to be pre-approved by the MGS. 

• When the CTO refers that a product or service is pre-approved, they mean it needs to appear in the list of Madrid Gods & Services Manager (MGS) which can be consulted at the following link:

          https://webaccess.wipo.int/mgs/?lang=en 

• Accordingly, the identified products and services must be limited to the identical products and services that appear in The Manager, without any modifications (even if they are minimal) nor connectors between products and services.
• As an example, if a trademark or slogan needs to identify products within class 12, it will not be possible to request the accelerated formal examination if the products are “vehicles and apparatus for locomotion, mainly, tractors”. 
• Instead, an alternative version must be found that still reflect the products of interest. 
• For this example, the following could be a suitable option: “vehicles; vehicles; apparatus for locomotion by land, air or water; tractors”. 

It is important to keep in mind that the applicant will not be eligible for this exam if he / she is a creditor of a discount due to: i) training through the Intellectual Property Classroom -API-; ii) receiving guidance through the CIGEPI or the CATIs; iii) be an artisan certified as such by Artesanías de Colombia or small producer belonging to the IDB / MIF project of the United Nations Office for Drugs and Crime

Likewise, it is important to consider that either way the CTO may require the applicant to correct other formal errors unrelated with products and/or services, such as, wrongfully indicating that certain expressions are explanatory when they are not, or that the elements of the image do not correspond with those claimed in the nominative expression.

Finally, it should also be noted that this accelerated examination is not mandatory and that, if requested, no additional fee payments should be made.