Colombian courts and the national IP registry have accelerated their approach to intellectual property enforcement. Changes introduced through updated administrative and judicial practice now place significantly greater scrutiny on international rights holders who have not formalised their position in Colombia. International businesses that have deferred local IP registration – or that have not monitored their trademark application portfolios – now face a materially higher risk of third-party pre-filing and infringement without effective judicial recourse.
Colombia's IP enforcement environment shifted in 2025, as courts began applying stricter evidentiary standards in infringement claims and the Superintendencia de Industria y Comercio (Colombian Superintendency of Industry and Commerce. The SIC) tightened procedural timelines for opposition proceedings. International rights holders without active Colombian IP registrations are the most directly affected category. Companies with existing registrations should audit their portfolios before mid-2026 to confirm continued protection under updated Nice classification requirements.
This alert sets out what has changed, which businesses are most at risk, and the immediate steps required to preserve IP rights in Colombia under the current enforcement conditions.
What has changed – the regulatory and judicial shift
The SIC has updated its internal processing guidelines for trademark application reviews. It now applies a more demanding assessment of distinctiveness at the examination stage. Applications that rely solely on geographic or descriptive terms face a higher rate of ex officio objections.
At the same time, Colombian civil courts have shifted their approach to infringement claims involving foreign rights holders. Where a claimant cannot demonstrate an active Colombian registration or a pending application, courts have shown greater reluctance to grant preliminary injunctive relief. This shift has a direct and material consequence: without a local filing, injunctions that would prevent ongoing infringement are harder to obtain quickly.
The SIC has also revised its opposition proceedings practice. The window for filing a trademark opposition once a competing application is published remains fixed, but the SIC now applies stricter admissibility criteria at the filing stage. Oppositions submitted without a complete evidentiary record. including proof of prior use or prior IP registration in Colombia or in Andean Community member states. are increasingly rejected on procedural grounds before reaching a substantive hearing.
Finally, Colombia's participation in the Comunidad Andina (Andean Community) regime continues to provide a regional dimension to these developments. Decisions by the Tribunal de Justicia de la Comunidad Andina (Court of Justice of the Andean Community) on trademark distinctiveness and coexistence are binding on Colombian courts. Recent Andean Community tribunal guidance has reinforced the principle that passive rights – international registrations not used or registered locally – carry limited weight in Colombian enforcement disputes.
Who is affected and which thresholds apply
The businesses most directly exposed to these developments fall into three categories.
International brand owners without Colombian filings. Any company that sells goods or services in Colombia – or that distributes through local partners – without holding a Colombian trademark registration is at immediate risk. A third party may file an identical or similar mark under the correct Nice classification and obtain registration before the international brand owner acts. Once registered, that third-party mark creates a significant obstacle to enforcement and market access.
Companies with outdated or misclassified registrations. The updated Nice classification guidance from the SIC requires that registrations accurately reflect the goods and services actually commercialised. Rights holders whose registrations were filed under older classification schemes may find that their protection does not cover current product lines. This gap in IP registration coverage is exploitable in opposition proceedings and in litigation.
Technology and software businesses. The intersection of IP enforcement and digital commerce is particularly active in Colombia. Companies operating platforms, licensing software, or distributing digital content face exposure under both intellectual property legislation and the evolving digital economy regulatory rules. For businesses at this intersection, our analysis of AI and technology law in Colombia covers the additional regulatory layer that applies to digital IP assets.
The compliance deadline that matters most is immediate. Any company that has not audited its Colombian IP registration portfolio should treat the remainder of 2025 and the first half of 2026 as the critical window. Delays beyond mid-2026 increase the probability of encountering a conflicting third-party filing that is already under examination at the SIC – and therefore far more difficult and costly to challenge.
To receive an expert assessment of your IP exposure in Colombia and the steps required to protect your position, contact us at info@ferrazwhitmore.com.
Immediate action items for international companies
International rights holders should treat the following steps as urgent priorities.
- Conduct a full portfolio audit. Review every trademark, copyright registration, and pending trademark application in Colombia. Confirm that Nice classification entries match current commercial activity. Identify gaps between what is registered and what is actually sold or licensed in the Colombian market.
- File or renew Colombian registrations without delay. Where registrations are missing, expired, or narrowly classified, file new applications promptly. Priority is determined by filing date at the SIC. A competitor's application filed even one day earlier can defeat an infringement claim based on prior use.
- Monitor the SIC's official gazette for conflicting filings. The SIC publishes pending applications in its gazette. Rights holders or their local counsel must monitor publications actively. The opposition window is fixed and short. Missing it forfeits the right to challenge a conflicting registration administratively.
- Prepare evidentiary records for potential opposition proceedings. Gather documentation of prior use in Colombia and in other Andean Community jurisdictions. This includes sales records, marketing materials, customs records, and evidence of commercial presence. Courts and the SIC now require this documentation at the admissibility stage – not as a supplement filed later.
- Review distributor and licensing agreements. Confirm that contracts with Colombian distributors or licensees contain clear IP ownership clauses. Agreements that are silent on who holds Colombian registrations have, in several recent disputes, been interpreted against the foreign brand owner.
For international companies with existing IP matters in Colombia, a proactive review of current registrations and pending applications is the most effective risk-mitigation step available at this stage. Practitioners advising Colombian rights holders note that the SIC's stricter admissibility practice rewards preparation and penalises last-minute filings. Companies that engage a lawyer in Colombia with cross-border IP experience before a dispute arises are better positioned than those who respond reactively.
International rights holders should also be aware of parallel developments in other jurisdictions. Recent enforcement shifts in the United States have affected how Colombian courts treat cross-border infringement evidence. Our alert on IP enforcement developments in the United States provides the complementary picture for businesses operating across both markets.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our intellectual property practice supports international companies, technology businesses, and brand owners in protecting and enforcing IP rights across Latin American markets, with particular depth in Colombian IP registration, opposition proceedings, and infringement claim strategy. Our team combines Portuguese civil law expertise with English common law tradition to advise clients who need results-oriented counsel across multiple legal systems. As an international law firm in Colombia with a cross-border perspective, we work alongside local counsel to deliver coordinated strategies from filing through enforcement. To discuss your IP position in Colombia, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.