PRACTICAL GUIDE

Useful information on the Trademark and Intellectual Property Registry.

How is Intellectual Property important to my business?

Intellectual Property puts your business in equality with the big brands.
Its function is to ensure fair competition through the granting of exclusive rights over the various technical processes of production and wealth development.

What is a brand?

It is a signal, or set of signs, capable of graphic representation, suitable for distinguishing the goods or services of one undertaking from those of other undertakings.
The registration of this signal gives its holder a right of exclusivity.

What is a Patent for?

It is an Industrial Property title that guarantees the protection of new inventions, involving an inventive activity and susceptible of industrial application. Patents grant the exclusive right of exploitation and the prohibition of use of that invention in a particular territory and over a period of time.

What advantages will I have in protecting my invention?

Protecting your invention or creation will ensure the legal impediment of any other entity making use of your creation. This protects your investment since, for 20 years, you can guarantee exclusive use of your new product.

What advantages do I get when registering a brand?

No one else can use it without your permission. This is because the registration of a trade mark entitles its proprietor to prevent third parties, without his consent, from using in the exercise of economic activities any sign which is the same or similar in identical or similar goods or services and which, as a consequence of similarity between the signs and the affinity of the goods or services, could create a likelihood of confusion on the part of the consumer.

Can I change my trademark registration?

The registered trade mark may not be altered for the duration of its essential elements. Any change to these elements shall be subject to a new registration.
The mark may be amended only in respect of elements which do not affect its identity, in proportion, in the material in which it was coined, engraved or reproduced, in ink or color (if it has not been expressly claimed as one of the characteristics of the mark ). The word mark is subject to the principle of inalterability only as regards its word elements, it can be used with any figurative aspect that does not offend the rights of third parties.

In which cases does the trademark registration expire?

Trademark registration expires automatically for lack of renewal. In these cases, the holder may, if he so wishes, revalidate his registration, within one year from the date of publication of the notice of forfeiture in the Industrial Property Bulletin. Revalidation implies the payment of the respective fee and will only be authorized without prejudice to the rights of third parties.

Trademark registration may also lapse if:
– For lack of serious use for five consecutive years, except for a fair reason;
– If the mark has become the usual designation of the product or service for which it was registered;
– If the trade mark is likely to mislead the public, in particular the nature, quality and geographical origin of the goods or services.

Trademark registration may also be subject to invalidity and cancellation procedures, in cases legally established.

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