Archive for the ‘Latin America’ Category

Trademark registration in Argentina

Wednesday, January 13th, 2010

Why register a trademark in Argentina?

Trademark registration is compulsory in Argentina. An unregistered mark will only be granted protection by the local courts in exceptional cases.

Fortunately, trademark registration does provide the owner with a number of significant commercial and legal benefits. Most obviously, the trade mark owner enjoys the exclusive right to use the registered mark in Argentina. It becomes their property, with all of the benefits this entails, including the right to sell or license it to others for a profit.

In addition, it becomes possible to prevent others from using or attempting to register similar or identical trade marks, by taking legal action. Indeed, the mere fact of trade mark registration is likely to dissuade other traders from attempting to pass off their goods as being in some way associated with your business. (more…)

Trademark registration in Bolivia

Wednesday, January 13th, 2010

Why register a trademark in Bolivia?

Trademark registration is not required in order to use your brand in Bolivia, unless you will be selling pharmaceuticals. However, trademark use alone does not confer any rights enforceable against third parties. Using your brand without first registering it entails the risk that others may instead register an identical or similar trademark. This will impede your ability to register, or even continue using, the mark in Bolivia, despite having invested time, money and effort in developing the reputation of your business. Under a first-to-file system of trademark registration such as that in Bolivia, there is nothing to stop unaffiliated third parties from pre-empting your registration of a trademark and then selling or licensing it back to you at a premium.

Trademark registration confers a number of commercial and legal benefits on the owner, making it a very prudent choice. Most obviously, the trade mark owner enjoys the exclusive right to use the registered mark in Bolivia. It becomes their property, with all of the benefits this entails, including the right to sell or license it to others for a profit. (more…)

Trademark registration in Brazil

Wednesday, January 13th, 2010

Why register a trademark in Brazil?

Trademark registration is not obligatory in order to begin using your brand in Brazil. However, if you wish to enforce rights in your brand against third parties, then almost certainly you will need to acquire a registration. If your brand is particularly well known in its market, then it may be granted protection against infringing acts occurring before it has been registered. But even this form of protection will require you to file a trademark application before going to court.

Brazil represents one of the most rapidly growing economies in the world, meaning that there are opportunities to be exploited in every market. As a business looking to make a profit in an exciting new environment, it is important not to overlook the commercial and legal benefits of a registered trademark. (more…)