Comparing Trademark Application Requirements between the U.S. and Andean Community (Comunidad Andina)

Introduction

The Andean Community (Comunidad Andina, or CAN) is made up of Bolivia, Colombia, Ecuador, and Peru, a combined market of more than 100 million people. Its four members share a single industrial property regime, Andean Decision 486 of 2000, and that regime is interpreted by the Andean Court of Justice in Quito, whose prejudicial interpretations bind national authorities.

Trademarks are still examined and granted country by country. Each member has its own office:

• Colombia: Superintendencia de Industria y Comercio (SIC)
• Peru: Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI)
• Ecuador: Servicio Nacional de Derechos Intelectuales (SENADI)
• Bolivia: Servicio Nacional de Propiedad Intelectual (SENAPI)

There is no single “Andean trademark.”

For U.S. brand owners, the Andean system differs from U.S. practice in important ways. Rights come from registration rather than use, no proof of use is required to register or renew, and only Colombia belongs to the Madrid Protocol. U.S. companies are also among the largest foreign filers in the region. The United States was the top country of origin for non-resident trademark filings in Colombia (21.1%) and Ecuador (21.2%) and second in Peru (17.2%, just behind China) in 2024, according to WIPO country statistics.

This article compares filing requirements, reviews filing and registration volumes from 2020 to the present, identifies the industries that file most in the region, and closes with ten recommendations for U.S. brand owners.

Key Filing Requirements: U.S. vs. the Andean Community

The biggest differences are how rights arise, whether use must be proved, and how international filing works.

Requirement	United States (USPTO)	Andean Community (Decision 486; SIC, INDECOPI, SENADI, SENAPI)
Legal framework	Lanham Act and USPTO rules	Andean Decision 486, applied directly in each member, plus national regulations and fee schedules; Andean Court of Justice interpretations are binding
How rights arise	Use in commerce creates common-law rights; registration adds nationwide priority and presumptions	First to file: the exclusive right arises from registration (Art. 154). Prior unregistered use gives limited protection
Use to file or register	Required: use in commerce, or a bona fide intent to use followed by a Statement of Use with specimens	Not required to file, register, or renew. Use matters later, through non-use cancellation
Non-use risk	Abandonment presumed after 3 consecutive years of non-use; post-registration audits	Cancellation available after 3 consecutive years of non-use in the member country; use elsewhere in the Andean Community can count (Art. 166)
Classification	Nice Classification; multi-class applications	Nice Classification. Colombia, Peru, and Ecuador accept multi-class applications; confirm Bolivian practice before filing
Description of goods and services	ID Manual wording avoids surcharges; identifications must be specific	Class headings and general terms are usually accepted; precise local Spanish wording reduces objections
Government fees (first class)	$350 per class (base application)	Colombia: COP 1,347,500 online, plus COP 673,500 per additional class in the same application. Ecuador: US$208. Peru: about S/ 535 per class. Bolivia: per SENAPI schedule
Power of attorney and formalities	None for U.S. counsel; foreign-domiciled applicants must appoint U.S. counsel	Local counsel required for foreign applicants. A simple signed power of attorney is generally accepted in Colombia, Peru, and Ecuador; Bolivia may require notarization and an apostille
Language	English	Spanish (translations required for foreign documents)
Examination	Absolute and relative grounds ex officio (likelihood of confusion with prior registrations)	Absolute and relative grounds ex officio, plus refusal of applications filed in bad faith (Arts. 135–137, 150)
Publication and opposition	30 days after publication, extendable on request	30 business days after publication in the national gazette (Art. 146). “Andean opposition” lets the owner of a prior mark in another member country oppose, provided it applies for its own mark in the opposed country (Art. 147)
Typical time to registration	About 10–12 months (FY 2025 average total processing time: 11.7 months)	Roughly 3–12 months if unopposed. WIPO-reported average registration delay in 2024: Peru 71 days, Ecuador 150 days, Colombia 366 days
Term and renewal	10 years, renewable; Section 8 declaration of use required between years 5 and 6	10 years from grant, renewable for 10-year terms without proving use; renewal window opens 6 months before expiry, with a 6-month grace period
Priority	6-month Paris Convention priority	6-month Paris Convention priority (Art. 9)
International filing	Madrid Protocol member	Only Colombia is a Madrid Protocol member; Peru, Ecuador, and Bolivia require national filings
Well-known marks	Federal dilution (15 U.S.C. § 1125(c)) for nationally famous marks	Strong well-known mark protection, including for unregistered marks and against bad-faith filings (Arts. 224–236)

The practical difference: in the U.S., use comes first and registration follows. In the Andean Community, registration comes first, and an unregistered U.S. brand can be lawfully registered by someone else.

Current Government Fees in Each Andean Office (2026)

Government fees are low compared with attorney fees, but they are structured differently in each country:

• Colombia and Peru charge one filing fee that covers examination and grant, with no separate issuance fee.
• Ecuador adds a small title (certificate) fee once the mark is granted.
• Bolivia charges three separate payments: an application fee, a grant (title) fee, and an Official Gazette publication fee. It also charges foreign applicants double the domestic rate.

SIC Res. 6167/2026 and Res. 77243/2025; INDECOPI TUPA (D.S. 088-2025-PCM); SENADI tarifario; SENAPI fee schedule; USPTO. USD conversions are approximate.

USD figures below are approximate. They use October 2026 exchange rates (US$1 ≈ COP 3,200 per the Colombian TRM; ≈ Bs 11.73 per the Banco Central de Bolivia’s flexible official rate; ≈ S/ 3.40). Bolivia’s rate has moved sharply since it ended its fixed peg in June 2026, so confirm current rates before budgeting.

Colombia – SIC (2026 fees; per class unless noted)

Fee	Online (COP)	Paper (COP)	Approx. USD (online)
Application, first class (includes examination and grant)	1,347,500	1,638,500	$421
Each additional class in the same application	673,500	777,500	$210
Reduced rate for accredited Colombian MSMEs (first / additional class)	970,500 / 485,000	1,180,000 / 561,000	$303 / $152
Separate registration or issuance fee	None	—	—
Official clearance search (per sign, first class / each additional class)	29,500 / 16,500	35,000 / 19,500	$9 / $5
Priority claim (per class)	304,500	370,500	$95
Extension of a response deadline	200,500	246,500	$63
Opposition (per class)	616,000	739,000	$193
Invoking well-known status (per sign)	1,211,500	1,477,500	$379
Divisional application	1,255,500	1,531,000	$392
Renewal, first class / each additional class	734,500 / 360,500	897,000 / 438,000	$230 / $113
Renewal in the grace period, first class / each additional class	1,002,500 / 492,500	1,223,000 / 601,000	$313 / $154
Recording an assignment (per registration)	486,500	590,000	$152
Recording a license	538,500	655,500	$168
Change of owner name or address	73,500	79,500	$23
Non-use cancellation action, first class / each additional class	2,687,000 / 1,344,500	3,272,500 / 1,637,000	$840 / $420
Madrid Protocol: transmitting an international application to WIPO	115,500	136,500	$36

Filings designating Colombia through Madrid pay WIPO’s Colombian individual fee instead of the national fees. Application fees above come from Resolution 6167 of January 30, 2026; the other fees come from Resolution 77243 of 2025, the base 2026 schedule. Resolution 6167 adjusted some amounts by about COP 500–1,000; confirm the exact amount on the SIC payment platform. SIC fees are not refundable once a proceeding starts.

Peru – INDECOPI (TUPA approved by D.S. 088-2025-PCM)

Fee	PEN	Approx. USD
Application, first class (includes examination and grant)	S/ 534.90	$157
Each additional class	S/ 533.30	$157
Reduced rate for Peruvian micro and small businesses, first class (25% off)	S/ 401.24	$118
Separate registration or issuance fee	None	—
Opposition	S/ 378.79	$111
Renewal (per class), online / in person	S/ 216 / S/ 240	$64 / $71
Official phonetic search (per class)	Per TUPA (about S/ 130 reported)	~$38

Peru charges almost the same fee for each additional class, so multi-class filings bring little saving.

Ecuador – SENADI (official tariff schedule; amounts in USD)

Fee	USD
Application (per class)	$208
Title or certificate of registration (issued after grant)	$28
Official phonetic search (per sign and class)	$16
Opposition	$140
Renewal (per class)	$208
Recording an assignment, name change, address change, or limitation of goods	$101
Recording a license or pledge	$72
Cancellation action	$430
Request for reconsideration (reposición)	$170
Appeal or extraordinary review	$272
Administrative infringement action (tutela administrativa)	$208
Three-dimensional mark application	$1,002
Recognition of a well-known mark	$3,270–$10,800

Ecuadorian MSMEs, artisans, and certain other domestic applicants receive a 50% discount on most fees; foreign applicants generally do not qualify.

Bolivia – SENAPI (foreign-applicant rates; Bolivian nationals pay half)

Fee	BOB (foreign applicant)	BOB (national)	Approx. USD (foreign)
Application (per application and class)	Bs 1,000	Bs 500	$85
Grant title (registration issuance)	Bs 500	Bs 250	$43
Official Gazette publication (paid to Gaceta Oficial de Bolivia)	Bs 510	Bs 255	$43
Total to obtain a one-class registration	Bs 2,010	Bs 1,005	$171
Opposition	Bs 500	Bs 250	$43
Renewal application + renewal title	Bs 500 + Bs 500	Bs 250 + Bs 250	$85
Cancellation	Bs 400	Bs 200	$34
Nullity action	Bs 400	Bs 200	$34

Budgeting notes

• Multi-class savings exist mainly in Colombia, where each additional class costs half the first class. Peru charges almost a full fee per class, and Ecuador and Bolivia effectively charge per class or per application.
• Opposition fees are modest everywhere (about $43–$193). Watching the gazettes and opposing early is cheaper than a later cancellation or nullity action; Colombia’s non-use cancellation fee alone is about $840.
• Missed renewals are costly in Colombia, where the grace-period surcharge adds about 36% to the renewal fee.
• Attorney fees, translations, and powers of attorney usually exceed government fees in all four countries. Budget them separately for each country.

Trademark Filings and Registrations, 2020 to Present

The USPTO receives more than six times as many trademark filings (by class) as Colombia, Peru, and Ecuador combined. Filings in the Andean offices, however, grew strongly after 2020, and Peru set a record in 2025.

WIPO’s 2024 country profiles give the only figures measured the same way across offices: the number of classes in applications and registrations.

WIPO IP statistical country profiles 2024 (office totals; filings and registrations counted by Nice classes)

Each office reports in its own units and periods, so the year-by-year figures below come from each office’s own announcements. Compare trends within a row, not absolute numbers across rows.

Jurisdiction (unit)	2020	2021	2022	2023	2024	2025	2026 to date
United States – classes filed, fiscal year	~738,000	943,928	787,795	737,018	767,138	824,000+	4.4 months to first action (through Mar. 31)
Peru – applications filed	37,250	40,833 (through Dec. 15); 42,600+ full year	n/a	34,885 (through Nov. 30)	~46,800 (implied by 2025 growth)	54,065 (record)	25,166 (Jan.–May, +23.4%)
Peru – registrations granted	27,653	36,547	n/a	33,465	36,187	44,831 approved	n/a
Colombia – applications filed	n/a	~55,600	74,122 (as reported)	n/a	52,885 classes (WIPO)	n/a	n/a
Colombia – registrations	n/a	n/a	n/a	n/a	39,951 classes (WIPO)	n/a	n/a
Ecuador – classes filed / registered (WIPO)	n/a	n/a	n/a	n/a	20,699 / 20,838	n/a	n/a
Bolivia – registrations granted	n/a	n/a	n/a	n/a	11,244 (SENAPI record)	n/a	n/a

“n/a” means no official or reliable published figure was located.

Insights

• Peru is the fastest-growing office. Applications rose 15.6% in 2025 to a record 54,065, and INDECOPI approved 82.9% of them. The first five months of 2026 ran 23% ahead of 2025.
• Colombia is the largest Andean office. It received about 52,900 classes in 2024 and is the only member where U.S. owners can use a Madrid designation.
• Foreign filers are a large share of the market. Non-residents accounted for 36.5% of filings in Colombia, 35.3% in Ecuador, and 27.3% in Peru in 2024. The U.S. and China are the top two foreign sources in all three, so first-to-file conflicts with Chinese applicants are a real risk.
• Andean offices are faster than the USPTO. WIPO reports average registration delays of 71 days in Peru and 150 days in Ecuador, against roughly 10–12 months in the U.S.
• Bolivia is small but growing. SENAPI reported a record 11,244 registrations in 2024; it does not report office totals to WIPO.

Key Industries Filing in the Andean Community

The same handful of sectors dominate filings across the region: pharmaceuticals, education and entertainment, advertising and business services, food and beverages, and clothing.

INDECOPI, registrations granted in 2024 by sector (gob.pe press release, Dec. 2024)

Top Nice classes by country (WIPO 2024 country profiles)

Rank	Colombia	Peru	Ecuador	Bolivia (filings abroad by Bolivian applicants)
1	Class 35 – Advertising and business management (12.5%)	Class 41 – Education (9.2%)	Class not identified (12.3%)	Classes 29–30 – Coffee, tea, and food (19.4%)
2	Class 41 – Education (7.9%)	Class 5 – Pharmaceuticals (8.6%)	Class 5 – Pharmaceuticals (9.7%)	Classes 7–8 – Machines and tools (11.5%)
3	Class 5 – Pharmaceuticals (7.3%)	Class 35 – Advertising and business management (7.3%)	Class 41 – Education (7.8%)	Class 5 – Pharmaceuticals (8.7%)
4	Classes 29–30 – Coffee, tea, and food (7.2%)	Class 25 – Clothing, footwear, headwear (7.1%)	Class 35 – Advertising and business management (7.3%)	Class 35 – Advertising and business management (8.7%)
5	Class 25 – Clothing, footwear, headwear (7.0%)	Classes 29–30 – Coffee, tea, and food (7.1%)	Classes 29–30 – Coffee, tea, and food (6.0%)	Class 25 – Clothing, footwear, headwear (6.6%)

What this means for U.S. brand owners

• Pharmaceuticals and health. Class 5 ranks in the top three almost everywhere. Expect crowded registers, frequent oppositions, and close scrutiny of descriptive or generic-sounding names.
• Food, beverages, and agriculture. Food marks (classes 29–33) are heavily filed, and food was INDECOPI’s most active sector for both filings and disputes in 2023. Clear your mark against local and regional brands.
• Retail and consumer brands. Class 35 is a top class in Colombia, Peru, and Ecuador. U.S. retailers and e-commerce brands should protect service classes, not just goods.
• Fashion. Class 25 is a top-five class in every member country; Peru alone registered 2,174 clothing and footwear marks in 2024.
• Technology. In Peru, approvals for computer and IT products reached 2,328 in 2025 and .ai and software brands are increasingly filed.
• Foreign competition. China is the first or second non-resident filer in Colombia, Peru, and Ecuador, so U.S. consumer-goods brands face real first-to-file risk.

Ten Recommendations for U.S. Brand Owners Filing in the Andean Community

1. File before you sell, ship, or announce. The Andean system is first to file, and no use is needed to register. A distributor, former partner, or squatter who files first can block your entry or demand payment. File in each priority member country as soon as the brand is chosen, ideally within the six-month Paris Convention priority window from your U.S. filing.
2. File nationally in each country you need; use Madrid only for Colombia. There is no single Andean trademark, and only Colombia belongs to the Madrid Protocol. Plan national filings through local counsel in Peru, Ecuador, and Bolivia, and choose between a Madrid designation and a national filing in Colombia based on cost and how much control you want over prosecution.
3. Clear the mark locally before filing. U.S. clearance does not cover Andean registers, which are crowded in pharmaceuticals, food, education, and retail. Search each national register, plus prior Andean registrations that could support an “Andean opposition,” and check Spanish-language meanings and pronunciation.
4. Draft goods and services in precise Spanish. Use accepted Nice Classification wording translated by counsel, cover the products you will actually sell, and add class 35 for retail or e-commerce. Precise descriptions avoid objections and later non-use attacks against overly broad lists.
5. Protect the logo, the Spanish version, and key sub-brands. File word and design marks separately where budget allows. Consider Spanish translations or transliterations consumers will use, and register slogans (lemas comerciales) and trade names where available.
6. Watch the gazettes and use “Andean opposition.” Oppositions run only 30 business days from publication. A registration in one member country lets you oppose a confusing application in another, but you must also apply in the opposed country. Set up gazette watching in all four offices.
7. Fight bad-faith filings with Decision 486. Use the bad-faith refusal ground (Art. 137) and the well-known mark provisions (Arts. 224–236). Gather evidence of reputation in the region: sales, advertising aimed at Andean consumers, social media reach, and prior dealings with the filer, such as distributor or agency agreements.
8. Use the mark, and keep proof. Registrations can be cancelled after three consecutive years of non-use. Keep invoices, import records, and dated advertising for each country, and record licenses so a local distributor’s use counts toward your registration.
9. Calendar renewals on Andean dates. Registrations last ten years from grant and renew without proof of use. Docket each country separately, starting six months before expiry and noting the six-month grace period, since grant dates rarely match your U.S. dates.
10. Build enforcement and customs into the plan. Record registrations with national customs authorities where available (Colombia’s DIAN, Peru’s SUNAT, Ecuador’s SENAE), use administrative infringement actions before SIC, INDECOPI, and SENADI, and require IP ownership and assignment clauses in every distribution and franchise agreement.

Conclusion

The Andean Community offers U.S. brands a fast-growing, harmonized, and relatively quick registration system, but one that rewards whoever files first. U.S. owners should file before entering the market, clear and describe marks locally in Spanish, watch the gazettes, and maintain proof of use. Doing so turns Decision 486’s first-to-file rules from a risk into an advantage.

If you are planning to expand into Colombia, Peru, Ecuador, or Bolivia, contact our office at [email protected] or call us at 305-374-8303 to coordinate clearance, filings, and enforcement across the region.