There is no single Andean Community trademark and no Mercosur trademark: in both South American blocs, protection is still obtained country by country, before each national office. The Andean Community (Bolivia, Colombia, Ecuador and Peru) shares one substantive law, Decision 486, with some genuinely regional effects; Mercosur, whose founding members are Argentina, Brazil, Paraguay and Uruguay, has no common trademark title. This guide explains how each bloc really works for European, Latin American and African brands planning their South American filings.
Key takeaways
- In both blocs you need one registration per country; the “regional mark” is a myth.
- The Andean Community’s Decision 486 harmonises the rules and adds two regional effects: the Andean opposition and use in any member country counting against non-use cancellation.
- Mercosur has no common trademark regime; each country applies its own law, with a five-year non-use period.
- Only Colombia (Andean) and Brazil (Mercosur) are in the Madrid System; Peru, Ecuador, Bolivia, Argentina, Paraguay and Uruguay require national filings.
- Single-class systems in Bolivia, Ecuador, Argentina and Paraguay multiply the number of applications for multi-class brands.
Is there an Andean Community trademark?
No. Decision 486 on the Common Industrial Property Regime sets the same substantive rules for the four member countries: what can be a mark, grounds for refusal, opposition, duration and cancellation. But Article 154 is explicit: the exclusive right is acquired by registration “before the respective national office”. There are four separate offices, as the EU’s Andean Community factograph lists them: the SIC in Colombia, SENADI in Ecuador, INDECOPI in Peru and SENAPI in Bolivia.
The common rules still matter in practice:
- Opposition: 30 days from publication, with a further 30 days to file evidence on request (Article 146).
- Duration: 10 years from grant, renewable for 10-year periods; renewal within six months before expiry, plus a six-month grace period (Articles 152-153).
- Non-use: a registration can be cancelled if the mark has not been used for three consecutive years in at least one member country (Article 165); use on goods exported from a member country also counts (Article 166).
- Classes: according to the factograph, Bolivia and Ecuador use a single-class system, while Colombia and Peru accept multi-class applications.
How does the Andean opposition work?
This is the bloc’s most distinctive feature. Under Article 147 of Decision 486, the owner of an identical or similar mark in any member country, or the first applicant for it in any member country, has standing to oppose an application in the other three. The condition: the opponent must show a real interest in the market where it opposes, by filing its own application for the mark there at the same time as the opposition.
Two effects follow. An opposition based on a registration in another member country allows the national office to refuse the second mark. An opposition based on an earlier application in another member country suspends the second application until the first is granted. The EU factograph summarises the same rule: a valid owner in one Andean country can oppose registration in another, subject to proving legitimate interest and applying in that second country.
For a brand, this cuts both ways. A Colombian registration gives you a tool against a squatter in Peru, but only if you are ready to file in Peru. And a third party’s earlier mark in Ecuador can be used against your application in Bolivia.
How does trademark protection work in Mercosur?
Mercosur has no trademark office and no regional title. For its four founding members, the EU’s Mercosur factograph lists four national offices (INPI in Argentina, INPI in Brazil, DINAPI in Paraguay and DNPI in Uruguay) and notes these points:
- A mark not used for five consecutive years may be cancelled in any Mercosur country.
- Argentina and Paraguay have single-class trademark systems; Brazil and Uruguay accept several classes per application.
- Brazil is the only member using the Madrid System for trademarks; in February 2026 Argentina committed to join the Madrid Protocol, the PCT, the Hague Agreement and other treaties by the end of 2027.
- The EU-Mercosur agreement entered into force provisionally in May 2026; once fully in force, it will protect 344 EU geographical indications in Argentina, Brazil, Paraguay and Uruguay.
Until Argentina’s accession actually takes effect, it remains outside Madrid: the WIPO Lex list of contracting parties shows Brazil (since 2019) and Colombia (since 2012) as the only members of either bloc.
Andean Community vs Mercosur at a glance
| Feature | Andean Community | Mercosur |
|---|---|---|
| Countries covered | Bolivia, Colombia, Ecuador, Peru | Argentina, Brazil, Paraguay, Uruguay (founding members) |
| Common substantive law | Yes, Decision 486 | No: national laws |
| Regional title | No: four national registrations | No: four national registrations |
| Cross-border opposition | Yes, Andean opposition (Art. 147) | No |
| Non-use period | 3 years; use in any member country counts | 5 years |
| Madrid members | Colombia | Brazil |
| Single-class filing | Bolivia, Ecuador | Argentina, Paraguay |
What this means for your business
- Plan one filing per country. Budget, timelines and agents should assume eight national procedures if you need both blocs.
- Use Madrid where it reaches. Colombia and Brazil can be designated in an international registration; the other six need national applications.
- Claim priority. File the rest of South America within six months of your first application to keep its date; Decision 486 (Article 9) applies the Paris Convention priority right.
- Adapt the class strategy. In Bolivia, Ecuador, Argentina and Paraguay each class means a separate application, so prioritise the classes you actually use.
- Activate the Andean opposition. Watch publications in all four Andean countries and be ready to file an opposition and a local application within 30 days.
- Keep use evidence by country. In the Andean Community, sales in one member country protect the others; in Mercosur, plan use market by market.
Our trademark registration team for Latin America and Europe runs these filings as one programme, coordinating local correspondents in each office.
Where companies get this wrong
- Believing a Colombian registration covers the Andean Community. It gives opposition standing, not protection, in Peru, Ecuador and Bolivia.
- Missing the 30-day window. Andean oppositions are short, and the simultaneous local filing has to be ready.
- Waiting for Argentina to join Madrid. A commitment for 2027 is not protection today, and squatters do not wait.
- Copying the EU class list into single-class countries. It multiplies cost without adding real protection.
- Letting each distributor file locally. Marks in the partner’s name are hard to recover, especially across four offices.
Frequently asked questions
Is there a single Andean Community trademark?
No. Decision 486 harmonises the rules in Bolivia, Colombia, Ecuador and Peru, but the exclusive right comes from registration before each national office. A brand needs four registrations. The regional effects are the Andean opposition and the rule that use in any member country counts against non-use cancellation.
Can I oppose a trademark in Peru with my Colombian registration?
Yes, under the Andean opposition in Article 147 of Decision 486, provided you show a real interest in the Peruvian market by filing your own application in Peru at the same time as the opposition. The opposition must be filed within 30 days of publication of the contested application.
Does Mercosur have a regional trademark?
No. Argentina, Brazil, Paraguay and Uruguay each grant national trademarks under their own laws and offices. Brazil can be designated through the Madrid System; Argentina, Paraguay and Uruguay require national applications. Argentina committed in February 2026 to join the Madrid Protocol by the end of 2027.
Can IP Global Guard register my trademark in the Andean Community and Mercosur?
Yes. We design the filing plan, prepare Madrid designations through your office of origin, acting before the EUIPO, the OEPM and WIPO directly where our professionals are entitled and through qualified representatives otherwise, and coordinate local correspondents for national filings and Andean oppositions in each country, from one point of contact.
How IP Global Guard can coordinate your South American filings
Eight countries, eight offices, two different logics: South America rewards brands that plan it as one project. IP Global Guard, the IP services line of META Channel Corporation Limited, coordinates trademark protection across more than 25 jurisdictions in Europe, Latin America and Africa, with one strategy and one billing relationship; see our coverage across the corridor.
Tell us which marks you need to protect, in which South American countries and in which classes. We will set out the Madrid and national routes, the priority deadline and the watch you need. Contact our Latin America trademark team.
This article is general information, not legal advice, and reflects the position on its publication date.
Sources
- European IP Helpdesk, Latin America IP SME Helpdesk publishes four new IP factographs (25 June 2026)
- Latin America IP SME Helpdesk, Andean Community factograph (European Commission, May 2026)
- Latin America IP SME Helpdesk, Mercosur factograph (European Commission, May 2026)
- Andean Community, Decision 486, Common Industrial Property Regime (2000)
- WIPO Lex, Madrid Protocol contracting parties (database)
