Andean Community
Trademark Coverage
Colombia · Ecuador · Peru · Bolivia — Decision 486 explained
Check Coverage by Country
Select the countries where your client needs trademark protection. The tool will calculate approximate official filing fees per Nice class.
Fees are official government charges per Nice class, per country, for the filing year 2025–2026. Attorney fees, translation costs, and local agent disbursements are additional. Colombia fees converted at approximate market rate for reference. All CAN countries operate under Decision 486 — filings are independent national applications, not a single regional registration.
All four CAN member countries — Colombia, Ecuador, Peru, and Bolivia — adopt a harmonized legal framework under Decision 486 of the Andean Community. However, this harmonization does not create a single regional registration. Each country requires a separate national filing before its respective IP office. Protection granted in Colombia does not extend to Ecuador, Peru, or Bolivia, and vice versa.
CAN vs. Madrid Protocol
International IP attorneys frequently ask whether the Andean Community is comparable to the Madrid System. The table below clarifies the critical differences.
| Feature | CAN — Andean Community | Madrid Protocol (WIPO) |
|---|---|---|
| Regional trademark registration | ❌ Not available | ✅ Yes — 130+ contracting parties |
| Single filing covers all members | ❌ Must file per country | ✅ One international application |
| Colombia member | ✅ Decision 486 — CAN member | ✅ Member since 2012 (Law 1455/2011) |
| Ecuador member | ✅ Decision 486 — CAN member | ❌ Not a member of Madrid Protocol |
| Peru member | ✅ Decision 486 — CAN member | ❌ Not a member of Madrid Protocol |
| Bolivia member | ✅ Decision 486 — CAN member | ❌ Not a member of Madrid Protocol |
| Harmonized substantive law | ✅ Yes — uniform standards across 4 countries | Partially — national law governs substantive examination |
| Opposition period | 30 business days from publication | Varies by designated country (typically 3–18 months) |
| Registration term | 10 years, renewable indefinitely | 10 years, renewable (international registration) |
| Filing language options | Spanish (each national office) | English, French, or Spanish (WIPO) |
Key Provisions of Decision 486
Decision 486 — Common Intellectual Property Regime of the Andean Community — entered into force on December 1, 2000. These are the articles most relevant to trademark prosecution and enforcement.
Any sign capable of distinguishing goods or services in commerce may be registered. This expressly includes words, names, acronyms, slogans, geometric figures, colors, combinations of colors, three-dimensional shapes (including packaging), sounds, and olfactory signs. The sign must be perceptible, sufficiently distinctive, and susceptible to graphic representation.
Registration is refused for signs that are identical or confusingly similar to a prior mark covering identical or similar goods/services. Prohibition also applies to signs that reproduce, imitate, or translate a well-known trademark in any class, and to signs confusingly similar to a trade name, geographical indication, or appellations of origin already protected in any member country.
Registration is denied for signs that lack distinctiveness, have become generic or customary in trade, consist exclusively of descriptive elements (quality, quantity, destination, value, geographic origin), consist exclusively of colors not combined in a distinctive way, are deceptive as to nature, quality, or origin, or reproduce protected emblems (national flags, official seals, Red Cross).
The registered trademark owner has the exclusive right to use it commercially, to prohibit third parties from using identical or confusingly similar signs, to prevent unauthorized importation of products bearing the mark, and to bring infringement actions. Rights are territorial — registration in Colombia does not confer rights in Ecuador, Peru, or Bolivia.
Trademark registrations are valid for 10 years from the grant date and may be renewed for successive 10-year periods indefinitely. Renewal applications must be filed within the last 6 months before expiration or within a 6-month grace period after expiration, subject to a surcharge. Non-use cancellation may be sought after 3 consecutive years of non-use.
After formal acceptance of an application, the IP office publishes it in the official gazette. Any third party may file a written opposition within 30 business days of publication. The applicant has 30 business days to submit a counterstatement. After resolution of the opposition (and any appeals), the office issues a grant or refusal decision.
Frequently Asked Questions
Questions from international IP attorneys about the Andean Community trademark system.
However, if the SIC issues a provisional refusal or a third party files an opposition, local legal representation in Colombia is required. InLecta assists international IP firms with SIC responses, oppositions, and prosecution of Madrid designations for Colombia.
Note: Ecuador, Peru and Bolivia are not members of the Madrid Protocol — national filings at SENADI, INDECOPI and SENAPI respectively are the only route for those countries.