Author: Natalia Ruiz Gallegos
Acquired distinctiveness in trademarks: the secret is in the evidence
Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements […]
If your trademark has been registered for more than 5 years, you will have to be able to prove that it has been used
In the event of a possible opposition by a third party, it is necessary to have sufficient evidence to prove the use of the prior mark with documents that support its presence in the market for real commercial purposes. As the proverb says: “Caesar’s wife must not only be honest but must also be seen […]
The challenge of protecting well-known trademarks beyond the principle of specialty
Can a well-known watch brand prevent the protection of another identical or similar trademark for other types of goods such as cosmetics? The possibility of consumers’ associating the goods of a particular trademark is greater when that mark is well-known. However, relying on the reputation of such trademarks for other goods is not always easy […]
Diversity IP: diversity also makes inroads in intellectual property
Fashion brands follow trends in society and growing awareness in favor of diversity is no different. Increasingly more trademarks are being registered for goods that either allude to diversity or which are directly linked to these new trends. It must be said that the Italian brand Benetton was the pioneer in backing inclusion with campaigns […]
Vegan IP: Pineapple and apple-based textiles that are gaining ground with more and more fashion brands
The use of plant-based raw materials in the world of fashion is an increasingly upward trend that provided fertile ground for research, production and marketing of numerous inventions. All of which is reflected in intellectual property rights: the trademarks under which they are marketed and the process patents for creating these materials. The vogue for […]
Intellectual property in the Andes region: how trademarks are protected in Bolivia, Colombia, Ecuador and Peru.
The Common Industrial Property Regime of the Andean Community (CAN) to which Bolivia, Colombia, Ecuador, and Peru belong, provides a series of advantages to applicants filing trademark applications or holding trademarks in any of those countries. In addition to the various methods for obtaining protection of trademarks that enable the holder to benefit from systems […]