Grounds for rejection in MX: Misleadingness of TM applications

The Mexican IMPI rejected a few weeks ago the trademark application “UNITED 2026”, filed by a Mexican individual and opposed by FIFA. Basic argument: “UNITED2026” would create a wrongful link between the Mexican…

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Intervention as “amicus curiae” before the Courts of Argentina in patent litigation.

The Argentinian Federal Court has recently confirmed that a third party may not be entitled to intervene as third party at a Court level. In Actelion Pharmaceuticals v. the Patent Office of Argentina,…

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Recent News and a reminder regarding patent prosecution in Brazil

This month of September/2020 has started with news from the Brazilian Patent and Trademark Office as regards to patents. Priority Examination Two additional priority examinations have been allowed as of September 1st which…

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The Washington Convention to the rescue of non-registered trademarks

With the increase in digital sales, many customers are starting to sell in remote countries where they had not been able to sell yet. And those sales come before they decide whether to…

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Webinar: Privacy, Cybersecurity and Telecommunications in Latin-America.

On Wednesday July 29th, 2020 – 12.30pm EST (New York) / 6.30pm CEST (Paris) we will be hosting a Webinar on Privacy, Cybersecurity and Telecommunications in Latin-America with a widely experienced panel. We…

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Color Trademarks and Decision 486 of the Andean Community

The Andean Community Court of Justice confirmed that, based on Decision 486, color can be protected as a trademark, provided that it is contained within a particular (and not necessarily distinctive) form. In…

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Shapes as TM in Latam – The restrictive position of Chile

A recent resolution from the Chilean INAPI has reminded us that Chile is one of the few countries which formally reject the possibility to register the shape of a product as a trademark….

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In the company of Jedi´s

While digging into recent resolutions from the Peruvian INDECOPI, one of my partners noticed an interesting resolution issued a few months ago which deals with Lucasfilm’s The Last Jedi®. He mentioned it to…

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COLOMBIA – Of stitches, printers and video tapes: The competitive connection between products.

The Colombian “Superintendencia” recalls that to prevent the registration of a trademark based on a prior one, it is required that there be a competitive connection between the products and services of both…

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