🛡️What to do if someone is using a brand similar to yours?

Registering a trademark with the Superintendency of Industry and Commerce (SIC) grants you exclusive rights to use it in Colombia . However, it does not guarantee that third parties will not attempt to use, copy, or register a similar trademark to benefit from the positioning, reputation, or identity you have built.

If you've identified an unauthorized or confusingly similar use , it's essential to act with legal support, speed, and strategy. In this article, we explain what to do, the risks of not acting, and how to legally protect your brand.

⚠️ What does using a similar mark entail?

When another company or person uses a brand similar to yours—in name, design, sound, or concept—it can cause consumer confusion , customer diversion, and, in some cases, directly affect the value and reputation of your brand .

This may be considered a trademark infringement if:

• The third party is using a sign identical or similar to yours
• This use is made for related products or services
• There is a valid trademark registration in your favor

🛡️ What can you legally do?

1. Check if your trademark is registered

First, confirm that you have a valid registration with the SIC (National Institute of Statistics and Census). Only then can you pursue legal action as a trademark owner. If your trademark is not registered , your legal defenses are much more limited.

✅ If you haven't registered it yet, you can start the process and object if the third party hasn't yet finalized their application.

2. Collect evidence of unauthorized use

Document everything that demonstrates use of the similar mark: social media, websites, packaging, advertising, or billing. The more evidence you have, the stronger your claim will be .

3. Seek a professional legal opinion

An industrial property lawyer can analyze whether a case of infringement exists, whether there is a risk of confusion, and which legal strategy is most appropriate: opposition, direct claim, administrative action, or lawsuit .

4. Opposition to the SIC (if registration is in progress)

If the third party is just trying to register their trademark and the process is ongoing, they can file a formal opposition within the legal deadline (30 business days from publication).

The SIC will evaluate the arguments and could deny registration due to trademark similarity.

5. Cease & Desist Letter

It is a formal notification requiring the third party to stop the misuse. While not mandatory, it can be an effective deterrent and a first step toward legal action .

6. Trademark infringement action

If the use persists, you can file an infringement action before the SIC , requesting:

1. Immediate cessation of use
2. Compensation for damages
3. Product or advertising withdrawal
4. Fines for the offender

🧠 What happens if you don't act?

• Your brand may lose market exclusivity
• Your right to object to future registrations is weakened
• You may lose reputation, clientele and positioning
• The third party might even try to register the trademark before you do.

Inaction can be interpreted as consent.

👨⚖️ How do we help you at CGC Abogados?

At CGC Abogados , we legally protect our clients' trademark rights. Our services include:

✅ Trademark infringement and similarity analysis
✅ Drafting and sending legal requirements
✅ Filing oppositions with the SIC
✅ Legal actions for trademark misuse
✅ Personalized advice from specialized lawyers

📲 Have you detected misuse of your brand?

Don't wait for it to become a bigger problem. Act today with legal support.

👉 Write to us on WhatsApp and review your case with a specialist attorney.