5 mistakes when trying to register a trademark
5 mistakes entrepreneurs make when registering a trademark. It's important to know this preliminary information.
Latest news trademark registration
Entrepreneurs often encounter common challenges and make frequent mistakes when starting the trademark registration process, which can lead to delays, additional costs, or even the denial of the application.
Here are the most frequent problems encountered:
This is perhaps the most common mistake and a primary cause for rejection.
Generic or Descriptive Names: Choosing a name that directly describes the product or service ("Chocolate, to make chocolates") means the brand lacks distinctiveness and will be rejected, as no one can have exclusivity over a term that competitors need to use.
Misleading or Immoral Marks: Using terms that mislead the consumer (e.g., a dairy-free product using a cow image) or that are contrary to public order or morality.
Many entrepreneurs start the process without checking if their brand already exists, leading to conflicts.
Confusion with Pre-existing Marks: Not performing a thorough phonetic and figurative search (of both the name and logo) increases the risk of the application being rejected due to similarity with an already registered trademark, or, worse, facing an opposition lawsuit from a third party.
Loss of Investment: If the mark is denied after investing in logo design, packaging, and advertising campaigns, the cost of having to rebrand is much higher.
The registration system operates by categories (Nice Classes). Selecting the wrong class leaves the business unprotected.
Wrong or Insufficient Class: Registering the trademark in a class that does not exactly correspond to the offered products or services, or failing to cover classes where the business plans to expand in the future. This limits the protection and leaves the business vulnerable to real competition.
The legal and formal process can be daunting for non-specialists.
Failure to Meet Formal Requirements: Not submitting the correct documentation, making errors on forms, failing to pay the corresponding fees, or mixing products from different classes in one application can halt (or require amendment of) the process.
Lack of Professional Advice: Delegating registration to non-legal professionals (like advertising agencies or attempting it alone without expertise) dramatically increases the probability of making costly errors that only become apparent years later.
Registration does not end with obtaining the title.
Not Registering Logo and Name (Combined Registration): Registering only the name or only the logo, leaving the other part unprotected and easy to copy.
Believing the Registration is Permanent: Forgetting that trademark registration has an expiration date (usually 10 years) and must be renewed on time. Failure to do so results in the total loss of rights.
Failure to Monitor the Mark: Not watching the market after registration to detect and act against unauthorized use by third parties.
We are available to advise and assist you with the international registration of your trademark.
The global brand market has seen a remarkable rebound over the past year, with a clear winner: the technology sector. According to the Kantar BrandZ Global 2024 report, the brand that registered the most spectacular growth in value was the semiconductor giant, Nvidia.
Nvidia, the key company behind the chips needed for Artificial Intelligence training, catapulted its brand value with an astonishing increase of 178%. This unprecedented growth not only cemented it as the fastest-growing brand but also propelled it into the Top 10 of the world's most valuable brands, even temporarily surpassing giants like Apple and Microsoft in market capitalization.
The report emphasizes that technology was the undisputed engine of the market, as most of the total value growth of the top 100 brands came from this sector.
Other tech brands that also surpassed 100% growth in value, illustrating the rapid adoption of new platforms and services, include:
Huawei
VMware
Xiaomi
Furthermore, the debut of ChatGPT (OpenAI) in the ranking as the most valuable new entry demonstrates that AI is not just a trend, but the new center of gravity for brand value.
The success of these companies shows that AI innovation and dominance in data infrastructure are the decisive factors driving growth and brand leadership globally.
At the peak of global value, the giants of software and cloud services are consolidating their position:
Microsoft records a solid upward trend, with an estimated value growth of around +35%, thanks to its successful integration of generative AI (Copilot) and its cloud platform (Azure).
Google follows suit with brand value growth of around +24%, bolstered by its AI innovations (Gemini) and the strength of its digital platforms.
In the consumer realm, digital platforms are not far behind: Instagram and TikTok continue with strong growth, confirming that disruption and direct consumer connection are key to brand value expansion in the digital economy.
Ultimately, AI has transformed from a promise into the most valuable economic asset, redefining the leadership of technology brands.
Intangible assets are non-physical assets whose value lies in ideas, rights, or reputation. According to international accounting standards (IAS 38), an intangible asset is “an identifiable non-monetary asset without physical substance.”
In the field of intellectual and industrial property, intangible assets include rights protected by law—such as patents, trademarks, industrial designs, copyrights, trade secrets, and software.
The World Intellectual Property Organization (WIPO) considers intellectual property assets part of a company's "intangible property": they are legally protected, transferable or licensable, and often generate revenue. For example, patents or trademarks like Apple or Microsoft are high-value intangible assets. So are industrial designs (e.g., the silhouette of a bottle) or copyright-protected creations like software or music.
In Spain, the Patent Office defines intellectual property rights as “intangible assets” that, although they cannot be touched, can be traded (sold, licensed, mortgaged).
At the global level, intellectual property is recognized as a set of intangible rights protected by international treaties.
The TRIPS Agreement (WTO) establishes minimum protection standards for various categories of IP: copyrights, trademarks, geographical indications, industrial designs, patents, layout-designs of integrated circuits, and trade secrets. While TRIPS does not explicitly define "intangible asset," it treats all IP categories as rights with commercial and legal value.
WIPO emphasizes that intangible assets are the “hidden wealth” of knowledge-based economies. They drive innovation, productivity, and economic growth. In fact, WIPO notes that these assets represent over 30% of total production value in advanced economies.
While not all intangible assets are formal IP (e.g., internal know-how), many derive their value from exclusive rights like patents, trademarks, or copyrights.
The Federal Law on the Protection of Industrial Property (2020) regulates patents, trademarks, utility models, industrial designs, and trade secrets.
Trade secrets are defined as "any industrial or commercial information... kept confidential and that represents a competitive advantage."
The Federal Copyright Law protects literary, artistic, and scientific works, including software. While the term "intangible asset" is not always explicitly used, these laws recognize that such rights are incorporeal goods with economic value.
Spain's General Accounting Plan defines intangible fixed assets as “non-monetary assets without physical substance, with measurable economic value.”
Specific laws regulate industrial property rights:
Patents (Law 24/2015)
Trademarks (Law 17/2001)
Industrial Designs (Law 20/2003)
Trade Secrets (Law 1/2019)
The Spanish Patent and Trademark Office clearly states that these rights are "intangible assets" that can be bought, sold, or licensed.
The Copyright Law (Law 1/2002) protects works of art, literature, science, and software as intangible property of the author.
Argentina’s main IP laws include:
Patents (Law 24.481)
Trademarks (Law 22.362)
Industrial Designs (Law 27.444)
Copyrights (Law 11.723)
Although the term "intangible asset" isn't always used, these laws recognize IP rights as incorporeal, registrable, and transferable property.
In accounting, intangible assets are treated in accordance with international standards (identifiability, useful life, and economic value).
Decree 1074/2015 governs the registration of industrial property rights.
Law 1676/2013 explicitly allows trademarks and patents to be used as collateral for loans, thus recognizing them as movable intangible property.
The Colombian Superintendence of Industry and Commerce also treats IP as legally protected intangible assets.
Industrial Property includes patents, utility models, industrial designs, trademarks, trade names, and trade secrets. These are typically obtained via formal registration or, in the case of trade secrets, through confidentiality measures.
Intellectual Property (in a narrower sense) refers to copyrights and related rights: artistic, literary, scientific works, software, music, films, databases, etc. These rights usually arise automatically upon creation and don’t require registration (except for legal proof or licensing).
Despite their legal differences, both categories constitute intangible assets and confer exclusive economic rights to their holders.
Intangible assets have growing economic value. According to WIPO, they account for over 30% of the total production value in modern economies.
For businesses, these assets can generate sustainable revenue through licensing, royalties, sales, or exclusive commercial use. Their value is based on the exclusivity they confer: the right holder can prevent third parties from using or imitating them.
For instance:
A patent gives monopoly rights over an invention.
A strong trademark allows premium pricing and brand loyalty.
Copyright protects and monetizes creative works.
These assets are legally enforceable. Infringements may lead to court actions, financial compensation, or licensing agreements.
Additionally, intangible assets appear on company balance sheets and can be used as financial guarantees, such as in Colombia’s legal system.
Intangible assets are non-physical property such as patents, trademarks, copyrights, software, or trade secrets, with legal protection and economic value.
WIPO and WTO (TRIPS) treat these rights as key components of intellectual property frameworks, though the term “intangible asset” is mainly used in accounting and business contexts.
National laws across Mexico, Spain, Argentina, and Colombia recognize these rights as transferable, enforceable, and economically valuable.
Industrial property covers inventions, brands, and designs; intellectual property focuses on creative works like literature and software.
These assets are strategic economic tools, driving innovation, creating market advantages, and offering legal exclusivity in competitive markets.
Sources: WIPO, WTO-TRIPS, national laws (codes and decrees) and accounting regulations.
The new fees will take effect on August 7, 2025, except for certain services that will have specific dates. The main purpose of the fee update is to modernize the services provided by INPI Brazil, promote operational efficiency and accessibility, and foster long-term sustainable management.
For certain services related to trademark registrations in Brazil, the increase can reach up to 49%.
One of the new features is the granting of discounts of up to 100% on applicable fees to low-income individuals and individuals with disabilities, provided they have a specific registration in the Brazilian Federal Government system.
The publication was made in the official newspaper La Unión; we share the updated fees with you.
Start registering your trademark in Brazil, contact us.
The logic behind this is based primarily on the lack of "distinctiveness" and the need for a trademark to fulfill its primary function: to identify a specific business origin and differentiate products or services from those of competitors.
Examples of phrases that are generally not registrable:
1. Commonly Used or Generic Phrases:
These are those commonly used to refer to a type of product or service. Granting exclusivity over these phrases would prevent other competitors from describing their own products or services.
Example: "The best pizza" for a pizza restaurant.
Example: "Excellent service" for a service company.
2. Descriptive Phrases of the Nature of the Trademark:
These are those that directly describe a characteristic, quality, ingredient, function, or purpose of the product or service they seek to distinguish. Allowing their registration would give the holder an unfair advantage.
Example: "Smooth and creamy" for ice cream.
Example: "Fast delivery" for a courier service.
Example: "Handmade" for handicrafts.
Example: "Chocolate" for chocolates.
3. Praiseworthy or Merely Advertising Phrases:
These are expressions that simply praise the quality or benefits of a product or service, without identifying a specific business origin.
Example: "Number one."
Example: "Quality guaranteed."
Example: "The best on the market."
4. Phrases that are Misleading or Deceptive:
These are those that can cause confusion in the public about the nature, origin, quality, or characteristics of the product or service.
Example: Using the phrase "Organic product" on a product that does not meet organic certification standards.
Example: Suggesting a connection with a famous brand when no such connection exists.
5. Phrases Contrary to Morality, Good Customs, or Public Order:
These are expressions that are offensive, discriminatory, or incite violence or illegal conduct.
6. Phrases that Reproduce or Imitate Official Symbols:
These include coats of arms, flags, emblems of states, international organizations, religious symbols, etc., without proper authorization.
7. Phrases of Public Knowledge and Current Events:
As we mentioned before, the INPI (National Institute of Industrial Property) has established that phrases that are in common use in society at a given time and that do not have an intrinsic distinctive character are not registrable. The examples you cited ("Go there, fool" and "there's no money") fall into this category because they are popular expressions and lack the ability to identify a specific business origin. Additional Considerations:
Secondary Meaning: In some cases, a phrase that might initially be considered descriptive or commonly used can acquire distinctiveness through intensive and prolonged use in the market, such that the public directly associates it with a specific business origin. Demonstrating this "acquired character" can be complex but possible.
Combination of Elements: While a phrase individually is not registrable, its combination with other graphic or word elements (a logo, a particular design) could generate a distinctive set that is registrable.
Case-by-Case Analysis: The INPI conducts an individual analysis of each trademark application, considering the specific context of the products or services it seeks to distinguish and the perception of the relevant public.
In short, when choosing a phrase for your trademark, it is essential to ensure that it is original, distinctive, and non-descriptive of your products or services, avoiding falling into the categories mentioned above.
Consulting with an intellectual property professional can be very helpful in evaluating the registrability of your trademark.
Do you have any other questions on this topic? Ask for advice.
This year, on World IP Day 2025, we invite you to celebrate the universal language of music and the talented creators, inventors, and entrepreneurs who continue to develop new sounds, styles, and technologies that transform the future of music, bring people together, evoke powerful emotions, and make us all feel its rhythm.
Music is a universal medium of creative expression, and intellectual property (IP) rights play a vital role in fostering a dynamic and diverse music landscape.
The TÜRKPATENT office issued a notice on the Classification of Goods and Services for Trademark Applications (TÜRKPATENT: 2024/2) introducing the subclasses.
This notice was published in the Official Gazette (No. 32758) on December 20, 2024, and entered into force immediately. Previously, when applying for a trademark in Turkey, applicants specified the class(es) of goods and services relevant to their trademark.
Now, each of these classes can be specified in more detail to better define the scope of protection and avoid ambiguity in the event of disputes.
Of particular note are the changes to Class 35, which covers retail and wholesale services, including a broad subclass (35.5) that groups together various goods (from Class 1 to 34) for greater consumer convenience.
For example, a cosmetics company wishing to register its trademark in Class 3 can code its goods by inserting the Services code from subclass 35.5 of assembly (body oils, shampoo, perfumes, toothpaste, etc.).
It is worth noting that TÜRKPATENT has implemented a new fee structure for applications using multiple subclasses within 35.5 (beyond the initial two). This seeks to encourage more specific and necessary classifications and avoid overly broad applications.
Coding subclass 35.5 remains optional and not mandatory.
Apply for registration of your trademark in Türkiye.
More and more Latin American companies are ready to grow outside their countries, they export, license, open new digital channels, or consider franchising their model. But often, they leave something fundamental in the background: the legal protection of their brand identity abroad.
And this is no minor detail.
When a brand isn't protected in the markets where it operates or plans to do so, the risks increase:
It's not just a formality; it's about anticipating, building solidly, and protecting the brand that distinguishes you from the competition in the market.
In our experience, many companies wait until they have a problem before making the necessary inquiries. But in the international arena, protection must be part of the growth plan from the beginning.
That's why our approach isn't to sell you a registration or a process, but rather to help you make smart decisions that support your long-term vision. We offer clear advice tailored to your business model and stage of expansion.
Write to us and we'll help you analyze and evaluate your current situation.
Your growth deserves protection and strategic attention.
In recent years, the B2B sector has experienced accelerated growth worldwide, driven by digitalization, exports, and the opening of new business models, such as franchising and international licensing.
What is often overlooked is that, in this expansion process, legal protection for brands has become a fundamental pillar.
In the B2B environment, brands don't just represent a product or service. They represent reputation, track record, credibility, and access to strategic alliances.
A well-positioned but poorly protected brand can face everything from legal blockages and lawsuits to the loss of key business opportunities.
According to industry sources, 70% of B2B companies planning to expand internationally in the next two years have not yet developed an international trademark protection strategy.
This data reflects a huge opportunity to anticipate, avoid risks, and build a solid presence from the start.
In short:
Expanding your business without protecting your brand is like planting seeds on soil that lacks fertile ground.
And in the B2B world, where trust is everything, the legal security of your brand identity is key to growing without barriers.
Not registering a trademark can entail several risks, including:
At MIREGISTRODEMARCA.COM, we support companies that understand that true growth begins with protecting their most valuable asset: YOUR BRAND.
Do you want to know if your brand is protected for the future? Request advice or schedule an interview.
The fundamental keys to trademark registration include:
These keys are essential to ensure your trademark is legally protected and avoid future conflicts.
We are available to help you register your trademark online 24 hours a day, 365 days a year. If you require prior advice, please complete the request form, so that a Trademark Agent will contact you as soon as possible.
We are reporting changes that will take place beginning January 18, 2025.
More information at the following link
What would happen if those feelings were lost?
What would happen if from one day to the next the brand disappears?
Many times it is not taken into account that those feelings that a “TRADEMARK” evokes, can be lost for not having registered it and it has to be changed due to legal issues, such as an infringement of improper use for an already registered antecedent.
Can you imagine, what will happen in the mind of that consumer?...And in your mind, in all that lost time, not taking it into account when starting the project.
All those feelings of the consumer that led him to “choose you”, disappear.
That is why it is important to register or apply for your trademark before going to the market, otherwise you will be clearly showing a “weakness” in front of your competitors, who will try to take that prestige away from you.
That is why Industrial Property Laws were created, Laws that protect trademarks, Laws that provide “exclusivity” and “rights of use” in the markets where you will use your trademark.
All the effort, energy, work, development, economic investment and growth will accompany your company in a healthy way.
If you wish to receive advice on how to protect and register your trademark, we invite you to contact us through our website by filling out the contact form.
We invite you to follow us and share our news about Industrial Property and Intellectual Property rights.
DLR | CEO | MIREGISTRODEMARCA.COM
We work in international trademark registrations, with lawyers and agents specialized in industrial property rights, in each country.
Request the feasibility report online from our website by registering as a User or by sending a message from the contact form.
We will be attentive to provide you with all the professional and administrative tools for the international protection of your trademark.
Thank you for following us and sharing our services.
Resolution 295/2024 (hereinafter the “Resolution”), issued by the National Institute of Industrial Property (hereinafter the “INPI”), was published in the Official Gazette of the Argentine Republic, which amends INPI Resolution No. P-183/13 (Regulations for the administrative instance for the resolution of oppositions). The Resolution modifies the opposition process by creating a fee for those trademark applicants who have an opposition and wish to continue with the proceedings until the INPI's decision.
The purpose of the rule is to expedite the resolution of trademark disputes, avoiding the waste of resources in applications in which the applicants no longer have an interest.
Based on the existence of thousands of files pending before the Opposition Resolution Unit, the Resolution establishes the following stipulations, among others:
Text New Article 2º bis Annex I Resolution INPI P-183/2018 incorporated by Resolution INPI P-295/24:
“Article 2º bis. Within the term set forth in Article 2 herein, those applicants for new trademarks who are interested in having the NATIONAL TRADEMARK DIRECTION resolve the oppositions that were filed against their application for registration and that remain in force, shall be obliged to pay once for each application, the fee corresponding to the “Administrative Resolution of the Oppositions in Force - APPLICANT FEE ART. 2° BIS of Resolution 183/18”.
Read more about Resolution 295/2024 published.
Every brand that is born must be properly prepared to compete efficiently in the market, creating its own identity for its products and/or services.
One of the most important steps in the creation of a trademark will be its registration, in order to avoid copies, misuse and piracy. For this, the legal protection of your trademark rights is of utmost importance.
The registration of a trademark not only protects your right and monopoly of use, but also creates value for the organization and confidence in your customers.
Work with us, we are at your disposal to help you in your international trademark registration projects.
Contact us through our website
#trademarkregistration #attorneys #agents #investment #business #companies #branding #miregistrodemarca #lawyers
In view of the numerous trademark applications before INPI Argentina in recent times, with the ‘offensive phrases’ or ‘advertising phrases’ that entered the public domain, citing for example: "que miras bobo", which was issued by Lionel Messi in an interview during the last World Cup in Qatar, and by the current Argentinean president Javier Milei during his campaign as "las fuerzas del cielo" or "viva la libertad carajo".
That said, the administration of the National Institute of Industrial Property (INPI), published in its national bulletin the following provision, which we share with you.
Argentine Republic - National Executive Branch
YEAR OF THE DEFENCE OF LIFE, LIBERTY AND PROPERTY
Provision:
Number: DI-2024-40071490-APN-DNM_INPI
Reference: ANTICIPATED VIEW - PHRASES THAT HAVE PASSED INTO GENERAL USE AND HIGHLY OFFENSIVE - HIGHLY OFFENSIVE
IN VIEW OF the Trademarks and Designations Law No. 22.362 and Regulatory Decree No. 242 dated April 1, 2019 and;
WHEREAS:
That the registration procedure of a trademark application is divided into three main stages, the first one aimed at verifying the legal formalities of the application; the second one in which the intended sign is published in the Trademark Bulletin and; a third one, in which its registrability is assessed by verifying compliance with the respective requirements.
That among the impediments to registration is the prohibition to register signs or sets of signs that are ‘highly or manifestly offensive’, in view of the respect for human dignity and the preservation of a harmonious social environment, so that no one can claim to have a legitimate interest to do so under the terms of article 4 of Law 22.362.
On the other hand, there is also a prohibition to register names, words, signs and advertising phrases that have entered into general use prior to their application for registration (article 2, paragraph b) of Law 22.362) as they do not constitute trademarks.
That, in relation to this, the registration as a trademark of signs that reproduce in whole or in part words or phrases that have ostensibly entered into general use and are associated with certain personalities is also contrary to good commercial faith and sound business practices and could therefore lead to a possible undue exploitation of their prestige, image or reputation, which is why the registration body is called upon to prevent it.
That, as a consequence of the particular characteristics of the signs mentioned in the preceding paragraphs, it has been considered prudent in such cases - and exceptionally - to file an observation at the first opportunity in which an application for registration of a sign falling under such assumptions is detected.
That, the early detection and assessment of registrability of trademark applications that could infringe these principles prevents the consolidation of such signs in the market, maintains the integrity of the trademark system, promotes fair competition and encourages the exercise of sound practices that should govern commerce.
That, both economically and legally, the continuation of an unnecessary procedure when a situation such as those mentioned in the previous recitals arises is not worthwhile, and therefore, after hearing the applicant - in the event that the application falls under any of these circumstances - the enforcement authority may immediately reject the continuation of the processing of the application, thus avoiding an administrative waste of resources.
That the Legal Counsel of the Directorate has taken the intervention of his competence on the legality of the act herein issued in compliance with the requirements of the Trademark Law No. 22.362.
That the present is issued in use of the powers conferred by Decree No. 242/19 and INPI Resolution No. P-12/24.
Therefore,
THE NATIONAL DIRECTOR OF TRADE MARKS
PROVIDES:
ARTICLE 1: In those cases in which a claim for registration of a sign that may be highly or manifestly offensive is detected, at any stage of the application process, the applicant shall be heard under the terms of Sections 3, paragraph e) and 4 of Law 22.362.
SECTION 2: In those cases in which the registration as a trademark of a name, word, sign or advertising phrase that have entered into general use prior to their application for registration is detected, and reproduce in whole or in part words or phrases that are ostensibly associated with certain personalities, at any stage of the application process, the interested party shall be heard under the terms of Section 2, paragraph b) of Law 22.362.
SECTION 3: In any of the cases of the preceding sections, once the hearing has been answered, or once the term to do so has expired, the corresponding legal decision shall be taken immediately.
ARTICLE 4º: Register, publish for the term of one (1) day in the Trademark Bulletin and file.
To build our common future and achieve the Sustainable Development Goals (SDGs), we need to re-think how we live, work and play. World IP Day 2024 is an opportunity to explore how intellectual property (IP) encourages and can amplify the innovative and creative solutions that are so crucial to building our common future.
The SDGs are a blueprint for people, peace, prosperity and our planet. Just as the challenges we face are multi-faceted and complex, the 17 SDGs are interdependent, with action in one area affecting outcomes in others. This is why development efforts must balance social, economic and environmental sustainability. The challenges we face are deep-seated and complex. We need to act now and we need to use all the tools available to us, especially our ingenuity and intellectual property to achieve a sustainable future for everyone, everywhere.
Dear customers, colleagues and international partners, suppliers, family and friends.
Our team wishes you a Merry Christmas, with best wishes for health, well-being, work and success with your projects.
Merry Christmas!
Entry into force of the 2024 version of the twelfth edition of the Nice Classification
any application for international registration that is received by the Office of origin on or after January 1, 2024;
any application for international registration that is received by the International Bureau of WIPO on or after January 1, 2024, when the said application is received by the International Bureau of WIPO after the two-month time limit referred to in Article 3(4) of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
4. In accordance with the recommendation of the Committee of Experts of the Nice Union, made at its thirty-third session in May 2023, and for all international registrations for which the list of goods and services has been classified according to the 2024 version of the twelfth edition of the Nice Classification, the International Bureau of WIPO will insert the abbreviation “NCL(12‑2024)” next to the list of goods and services in the notifications sent to designated Contracting Parties, registration certificates and publications.
5. In conformity with its standing practice, the International Bureau of WIPO will not reclassify, in accordance with the 2024 version of the twelfth edition of the Nice Classification, the list of goods and services in international registrations with a date earlier than January 1, 2024.
6. Finally, the Madrid Goods & Services Manager (available at: https://webaccess.wipo.int/mgs/) will be updated to reflect the changes introduced by the 2024 version of the twelfth edition of the Nice Classification.
Source: WIPO
Resolution 351/2023
RESOL-2023-351-APN-INPI#MEC
City of Buenos Aires, 10/25/2023
IN VIEW OF Electronic File EX-2023-126432954--APN-DGCA#INPI of the registry of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INPI), Law No. 24.481 (t.o. Decree 260/96), as amended by Law No. 27.444, INPI Resolution No. 122 dated December 22, 2022, and
WHEREAS:
That this NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INPI), an autarchic body with its own legal personality, is the enforcement authority of the Laws on Patents of Invention and Utility Models, Trademarks and Designations, Industrial Models and Designs, and Technology Transfer.
That within this framework, the functions of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INPI) are aimed at stimulating the registration of inventive activity in all its forms for its corresponding legal protection, proposing national policies.
That the service provided by this Agency has a direct impact on the economic activity in all its branches, since individuals and companies by obtaining exclusive rights over an invention, a distinctive commercial sign, or an industrial model, obtain one more tool among others, which allows them to plan, project and strengthen their investments and business opportunities.
That in parallel to the strict function of registration and granting of rights, the INPI offers other useful services that allow users to verify the state of the art of inventions, the ownership or validity of third party rights through the public information service, which is extremely useful for the national productive sector to define the investments that result in the productive development of the country.
That in the fulfillment of its competence, the investment in qualified personnel, the improvements and technological developments that allow the maintenance of its systems, guaranteeing computer security and providing an infrastructure of high standard services, constitute a determining factor to maintain and advance in continuous improvements with the purpose of providing a better management in the area of competence of the National State where this Institute is in charge of acting.
As regards financing, the highest authority of the agency has the duty to carry out the pertinent actions to finance the budget with its own resources, originating from the collection of fees for the services it provides.
That, for such reason, Section 92 of the Law mentioned in the above mentioned, invested this agency with the power to establish, modify and eliminate the fees charged for the public service it provides.
That in order to maintain the management standards achieved and guarantee the completion of all procedures and services electronically through the web page, as well as to continue improving constantly and increase future services in a secure manner, it is necessary to continue the tariff readjustment process initiated by Resolution INPI No. P-122 of December 22, 2022.
That another of the premises of this new stage of tariff readjustment, framed in a fair distribution of the economic burden that the users of the services of this agency must face, must take into account the economic sustainability of the agency, but at the same time that the tariffs have a consideration that is reasonable and equitable for the users in terms of the evolution of their Industrial Property rights.
That in such reasoning, it is important to redistribute the costs of the procedures allowing that the application for an industrial property right -which entails an indicative and preparatory act to obtain exclusivity and in the event that the intended right is finally granted- obtains more accessible values of those procedures to which the actors who have a sustained development in the market have access, such as renewals and/or maintenance of rights, since these actions on the part of the holders have the purpose of the effective industrial or commercial exploitation of the registered intangible assets.
That, on the other hand, certain petitions and subsequent formalities of industrial rights entail in themselves a substantive complexity for which a qualified management of both professional resources and operating systems is internally deployed, which in itself merits that the fee for the service required in such cases is estimated above the average of the fees charged for petitions of regular substantive transcendence.
WHEREAS, the GENERAL DIRECTION OF ADMINISTRATIVE COORDINATION and the DIRECTION OF LEGAL AFFAIRS have taken the appropriate action.
WHEREAS, the present document is issued by virtue of the powers conferred by Section 92, subsection d) of Law No. 24,481, as amended by Law No. 27,444.
Therefore,
THE PRESIDENT OF THE NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY
RESOLVES:
ARTICLE 1 - To approve the readjustment of the tariff structure for the services provided by this NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INPI), in accordance with the amounts and conditions set forth in the ANNEX (IF-2023-126555044-APN-DGCA#INPI) which is an integral part of this measure, as from December 1, 2023.
ARTICLE 2 -Register, communicate, publish, deliver to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRY, and file.
Mónica Noemí Gay
NOTE: The Annex(es) comprising this (these) Resolution(s) are published in the web edition of BORA -www.boletinoficial.gob.ar-
e. 26/10/2023 N° 86290/23 v. 26/10/2023
Many companies, SMEs and entrepreneurs, start their projects with the intention of creating a commercial identity, conquer customers and seek growth in the market.
The consequence of a brainstorming, motivates the birth of a "commercial name", of how we will call that project, developing logos, isotypes, web domain registrations, printing materials, among others, but nevertheless they forget something of total importance which is the "trademark registration".
In a market totally globalized by digital information, and notorious advances in technologies such as artificial intelligence, have significantly shortened the distances in the exposure and global awareness of brands. Search portals, social networks and websites facilitate a notorious access to information and analytically in real time.
Nowadays, everything is much more accessible through information engineering, so that a product and/or service published in the network can be visualized in a few minutes in any part of the world and by thousands of people.
It is becoming more and more common to receive comments, that found or confused a brand with another and that market the same product and / or service, even that were copied their figures, colors, photographs (even with watermark inclusive) and also the fonts of their letters.
What would happen if you were to make a purchase in a web portal, where all the products have the same name, the same color and the same name, how could you differentiate them in the market, it is clear that it would not be viable to buy in such a market. So, for a correct "distinctiveness" of products and/or services in the market, "brands" were created.
A trademark is if not the most important intangible asset for companies, this must be taken into account, to apply for its registration from minute one of the project. So it is advisable to know before, if the chosen brand name is not in use in the market, in the same product and/or service, (keep in mind that many brands that are in the market are not registered), this way you will avoid expenses and future legal problems, as well as the loss of the brand due to its improper use.
A "registered trademark" will give you the "right" of "exclusivity" over the activity to be developed in the whole country. Companies wishing to export their products and/or services must register the trademark in each country where they wish to have the exclusive monopoly of the trademark name.
If you are thinking of franchising, licensing and/or assigning the use of your trademark in the market, you will only be able to do it if you have the concession of your trademark, proving its use.
If you are interested in this article and want to know more about the benefits that the Trademark Law provides to your company or project, we invite you to follow us and contact us to schedule an interview.
Register as a User to start the registration of your trademark.
MIREGISTRODEMARCA.COM
In one of the first decisions to apply trade mark infringement analysis to non-fungible tokens (NFTs), a New York court ruled that a collection of digital images of fur-covered handbags attached to an NFT called, ‘MetaBirkins’, was likely to confuse consumers with the luxury fashion brand, Hermès Birkin bag (Hermès International v Mason Rothschild (Case 1:22-cv-00384-JSR). A European parallel can be drawn with the decision rendered a few months earlier by the Court of Rome in Juventus Football Club s.p.a., v Blockeras s.r.l. (Docket No. 32072/2022, Court of Rome IP Chamber, 20/07/2022).
Hermès argued that:
On 8 February 2023, the Court upheld all of Hermès claims and awarded the brand $133, 000 in damages. The decision could still be appealed.
The key legal issue was whether NFTs that contain an unauthorised use of a protected trade mark for physical goods can constitute a trade mark infringement. Significantly, Hermès had not yet sold any of its items as virtual goods (whether authenticated or not by NFTs). However, it argued that the ‘MetaBirkins’ collection interfered with its plans to enter the NFT market and profit from the well-known reputation of the Birkin bag. Rothschild sold NFTs for prices similar to a physical Hermès Birkin bag, which can retail for thousands of euros.
The Court considered the infringement question under the Rogers v Grimaldi test (875 F.2d 922, 1000 (2d. Cir. 1989)). It adopts a speech-protective approach to evaluations of alleged trade mark infringement in works of ‘artistic expression’. An individual accused of trade mark infringement cannot be held liable for the infringement, provided their work is not artistically irrelevant or misleading. However, the alleged infringing use is not protected if it explicitly misleads as to the source or the content of the work.
Hermès successfully argued that the NFTs misled consumers about the origin of the product by leading them to believe that Rothschild’s work was either affiliated with or endorsed by Hermès. In this regard, Hermès presented evidence of the @METABIRKINS Twitter and Instagram accounts and advertising slogans such as ‘#NotYourMothersBirkin’ which allegedly showed actual confusion over Hermès’ role in Rothschild’s project.
Another interesting aspect of this case concerns Rothschild’s allegations that the title ‘MetaBirkins’ referred to the NFTs and not to the images of the bags being sold that are linked to them through a smart contract (controlling which digital files are associated with each of the NFTs). This means that selling the NFT would not necessarily confer ownership of the name ‘MetaBirkin’. However, the Court disagreed with this argument. Applying the consumer confusion test, it held that the name ‘MetaBirkins’ refers to both the NFT and the digital image with which it is associated. From the consumers’ perspective, there was absolutely no distinction between the NFTs offered by Rothschild and the underlying images of the ‘MetaBirkins’ bags associated with them.
Although this decision has no binding effect in Europe, significantly, it indicates that existing trade mark rights on physical goods could potentially be enforced against their unauthorised use in virtual environments, in spite of the fact that the trade mark proprietor is not yet active in the metaverse or in the market of NFTs certified digital assets. It also indicates that digital images associated with NFTs that use an existing trade mark to ‘further plausibly expressive purposes’ can constitute a form of artistic expression in the USA. While this may affect the strength of future infringement claims, the NY Court’s decision confirms that people will not be able to freeride off the reputation of brand owners. It may require courts to partake on a balancing of the fundamental rights at issue when considering trade mark infringements related to NFTs and new forms of artistic expression.
Finally, it suggests that the distinction between owning the digital images and owning the ownership rights to the NFT, while not relevant in the consumer’s perception, can implicate who a trade mark proprietor can take legal action against to stop the infringement.
In Europe, similar issues were considered by the Court of Rome in the Juventus case. Juventus successfully argued that the digital cards sold by Blockeras as NFTs that depicted Christian Vieri, a well-known Italian player, wearing a Juventus jersey infringed its word marks for ‘JUVE’ and ‘JUVENTUS’ and figurative mark consisting of the black and white striped jersey with two stars on the chest, registered, among others, in Class 9 of the Nice Classification for downloadable electronic publications.
In contrast to the Hermès case, Juventus owned trade mark rights for non-physical goods in Class 9 and presented evidence of operating in the same business field as Blockeras. In particular in the field of crypto games using blockchain technology and NFTs, besides carrying out widespread merchandising activities online and through dedicated stores. Notably, since the Juventus decision, Class 9 of the Nice Classification has been updated to include the protection of NFTs.
The Juventus decision confirms that NFTs which reproduce existing trade mark rights for digital goods without authorisation from the rights owner may amount to trade mark infringement and unfair competition where the owner has been active in the same market as the alleged infringer. In contrast to the US, in the EU, there has not yet been a decision that addresses the question of whether the owner of a trade mark for physical goods only, can invoke infringement proceedings for unauthorised uses of these rights in virtual environments regardless of whether they are active in the same business field as the alleged infringer.
On both sides of the Atlantic, the mass of minted NFTs heightens the risk of trade mark infringement. The Juventus and the Hermès decisions share the feature of concerning well-reputed marks, which are generally easier to successfully enforce than non-reputed marks. In this way, the Juventus decision highlights the value of trade mark proprietors with rights for physical goods to extend their trade mark protection to the corresponding virtual goods in downloadable format (whether or not authenticated by non-fungible tokens) in Class 9 of the Nice Classification.
SOURCE: EUIPO
Analyzing this court case, very controversial between the parties, which began with the lawsuit by Jack Daniel's Properties, Inc. v. VIP Products LLC, claiming misuse, for infringement of the Trademark Act.
This claim was initiated when Jack Daniel's became aware of the sale of a toy for dogs and/or pets with the shape and/or figures of its emblematic whiskey in its brand identity.
This product was published in the official store of Vip Products, and also in other media including Amazon, at a commercial value of US$ 20.
This toy called "Bad Spaniels - The Old No. 2 - on your Tennessee carpet", which in Spanish refers to having "feces on the carpet", has a very similar shape to the emblematic bottle of Jack Daniel's whiskey, not only that, but it also uses the colors on its label, similar figures and typographies. One of the label's statements names the product as "100% bad smelling".
One of the commercial strategies of the company Vip Products, is to manufacture emblematic products, with a change of name, and similar form, where we can name the beer "Corona" and the drink "Gatorade", which are published on its website, among other products.
In the course of the trial, two marked positions were shown, where the plaintiff argues that the product "Bad Spaniels", undermines the integrity and prestige of its brand in the market, besides confusing the customer, who may believe that it is a product manufactured by the brand Jack Daniel's Properties, Inc.
In the case of VIP Products LLC, it argues that the product is a "humorous parody" of the emblematic product and that it only seeks to "amuse" consumers. In addition to showing in its arguments that the product for sale does not seek to take advantage of the fame of the brand.
In a first instance, the United States District Court for the District of Arizona, Judge Stephen M. McNamee ruled in favor of Jack Daniel's and prohibited VIP from continuing to sell the toy.
VIP appealed to the U.S. Court of Appeals for the Ninth Circuit, which reversed most of Judge McNamee's ruling in a unanimous decision, so Jack Daniel's Properties, Inc. went to the U.S. Supreme Court to appeal the decision.
In our opinion, the mere fact of taking advantage of the fame of a clearly notorious trademark such as Jack Daniel's and the use of the trademark, bottle model and graphic identity, where branding and corporate identity have been created for years, should not damage its image even for a "joke" or "funny parody".
The use of the ornamental shape of the bottle design, which clearly identifies the product in the market and label, shows the bad faith of taking advantage of the "prestige" and "fame" of Jack Daniel's in the market.
In the case of a refusal to the claim, the door will be open for new products to be generated, affecting the trademark rights of well-known brands.
The prestige and identity of a trademark should not be affected by copies, parodies or jokes that affect its integrity in the market.
It is time that new products and brands, if they want to be remembered in their history, should not be at the expense of brands that have already walked a path of branding construction.
Therefore, we are pleased with the recent ruling of Justice Kagan, who was in charge of the case.
Editor: MIREGISTRODEMARCA.COM
We recall that on June 3, 2019, Resolution INPI No. P-123/19, published in the Official Gazette of the Argentine Republic (May 23), came into force, which comes to complement Regulatory Decree No. 242 of April 1, 2019.
The new resolution is divided into four titles.
The first one, deals with the filing of the application for a new trademark which, although it does not involve changes as regards the current filing form, clarifies -as a general principle- that applications for registration will continue to be processed on an individual basis. This means that an application is filed for each class of the Nice classification in which a trademark registration is sought and, consequently, those applications that include more than one class will be rejected.
The second title regulates the affidavit of mid-term use, the purpose of which is to improve the information on the effective use of registered trademarks and to discourage the future registration of trademarks for speculative purposes and thus promote the protection of industrial property and productive development. This mid-term affidavit of use must be filed within the sixth year of validity of the trademark and will have an exceptional term, expiring in January 2020, for those who, according to the law, would have been obliged to file it. Also, next Monday, the INPI will publish the filing procedure and the suggested text for the affidavit on its website.
Failure to file such affidavit will result in an extraordinary fee for each year in default and, in case the registration is renewed, will prevent the processing of such renewal until such affidavit is complied with.
The third title establishes a new term for the filing of trademark renewal applications, which may now be filed within six (6) months prior to their expiration and up to six (6) months after such expiration, paying -as the case may be- the corresponding fee.
The last title temporarily maintains the current system of notifications but, in order to speed up the process, it reduces the suspension period for answering hearings and challenging resolutions from sixty (60) to thirty (30) days. This suspension does not apply to answer notices of the opposition resolution procedure, which will not have any suspension period.
Other clarifications of the decree are the automatic extensions to answer substantive hearings. Now they are reduced to two: the first one of ten (10) days and the second one of five (5) days, in both cases.
Article 6ter of the Paris Convention for the Protection of Industrial Property protects the armorial bearings, flags and other emblems of the States party to the Convention, as well as the official signs and hallmarks of control and warranty adopted by them, against unauthorized registration and use as trademarks. The scope of this provision was extended in 1958 to include coats of arms, flags, other emblems, abbreviations and names of international intergovernmental organizations of which one or more States party to the Paris Convention are members.
What does Article 6ter cover?
Signs covered by Article 6ter | The list of signs is exhaustive.
State coats of arms, flags and other State emblems
State emblems generally constitute the symbol of the sovereignty of a State. They usually contain heraldic elements, such as a lion, an eagle or the sun. The category of "other State emblems" is understood to include the coats of arms of reigning houses, as well as the emblems of States that are part of a federal State. However, the said Article does not cover emblems of lower public bodies (such as municipalities) and signs adopted for a limited period of time (e.g., for the celebration of an anniversary by the State).
Official signs and hallmarks of control and warranty, adopted by States
The purpose of official control and guarantee signs and hallmarks is to certify that a State or an organization duly designated by a State for that purpose has verified that certain products meet specific standards or have a certain level of quality.
In a number of States, official control and guarantee signs and hallmarks exist with respect to precious metals or products such as butter, cheese, meat or electrical equipment. In principle, such official signs and hallmarks can also be applied to services, for example, those relating to education or tourism. Only signs and hallmarks adopted by the State itself are eligible for the application of Article 6ter.
Coats of arms, flags, emblems, names and abbreviations of intergovernmental organizations of which one or more States party to the Paris Convention are members.
Protection does not extend to the signs of intergovernmental organizations that have been the subject of international agreements in force designed to ensure their protection. Examples of such agreements include the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949), which protects the emblems of the Red Cross, or the Nairobi Treaty on the Protection of the Olympic Symbol (1981).
Scope of the protection provided by Article 6ter
The protection provided by Article 6ter is not of a general nature. The purpose of this provision is to prohibit the registration and use of marks that are identical or similar to official emblems or signs.
The protection conferred on official control and warranty signs is more limited than the protection conferred on State emblems. Article 6ter(2) provides that, in the case of official control and warranty signs, the provision "shall apply only in cases where the marks containing them are intended to be used on goods of the same or a similar kind". Under Article 16 of the Trademark Law Treaty (TLT) and Article 16 of the Singapore Trademark Law Treaty (STLT), this provision extends to services.
Who is concerned by Article 6ter? Parties obliged to apply Article 6ter?
All States party to the Paris Convention, as well as Members of the World Trade Organization (WTO) that are not party to that Convention, are bound to apply Article 6ter.
States party to the Paris Convention, and international intergovernmental organizations (IGOs), of which one or more Member States are party to the Paris Convention may benefit from the application of Article 6ter.
In application of the Guidelines for the interpretation of Article 6ter(1)(b) and (3)(b) adopted in 1992 by the Assembly of the Paris Union, any program or institution established by an IGO and any convention constituting an international treaty may, under certain circumstances, benefit from the protection granted by Article 6ter(1)(b) of the Paris Convention.
The circumstances are as follows:
The provisions of Article 6ter do not apply to the names, emblems and acronyms of non-governmental organizations.
How to apply Article 6ter
Procedure for requesting the application of Article 6ter
For the application of Article 6ter, the party requesting it must communicate, through the International Bureau, the sign or signs concerned to the parties bound to apply the said Article. This is done by means of a request for communication, transmitted to the International Bureau, which then communicates the signs concerned to the parties bound to apply Article 6ter in the form of a biannual electronic publication in the "Article 6ter Express" database on the WIPO website. The communication of State flags is not mandatory, although States may request it, if they so wish.
As a first step in the communication procedure, an informal exchange will take place with the International Bureau to ensure that the request for communication is complete. A draft request and a draft reproduction, in accordance with the requirements indicated below, should be submitted for comments by sending them to article6ter@wipo.int.
Once the International Bureau approves the drafts, the formal request should be sent to the International Bureau. A scanned copy can be sent (to the address article6ter@wipo.int
Source: WIPO
Case in #Argentina
The famous phrase said by the captain of the Argentine national soccer team Lionel Messi, after playing a heated match against the Netherlands in the Qatar 2022 World Cup, when one of the players of the Netherlands questioned him, while he was being interviewed by a journalist, he stopped the interview to tell the rival "What are you looking at, you fool? go over there".
This phrase quickly went viral, being applied for as a trademark by third parties, where recently the "refusals" to some of the files filed have already been issued.
Not all trademarks are "registrable", when studying the files the examiners verify if the trademarks applied for comply with the requirements of the Trademark Law.
We invite you to watch the video, share and follow our networks.
In the month of the World Cup, intellectual and industrial property rights stand out, from broadcasting rights, advertising and graphics on the playing field, to the demand of brands for the sale and consumption of alcohol in the stadiums, it has been a constant dispute between the organizers and the brands that have the possibility of reaching millions of consumers worldwide in a few days, in one of the events with the largest global audience.
Intellectual property rights come to play an important role before the first minute of the game, protecting stadium plans, logos, mascot and official music, advertising material, advertisements, multimedia, development of didactic material, applications and non fungible digital assets (NFT) tokens.
All rights protected for the Qatar 2022 World Cup are intended to protect and receive revenue from rights assignment contracts.
The industrial property rights of official trademarks "FIFA™ World Cup", "Qatar 2022™" play an important role when negotiating with sponsors on how they will represent each team and each player.
The brands that will wear the national jerseys in each national team, where Adidas sponsors the national teams of Argentina, Germany, Wales, Spain, Belgium, Mexico, Japan; Nike sponsors Qatar, Poland, Saudi Arabia, Canada, Portugal, Croatia, England, France, Brazil, Netherlands, South Korea, United States, Australia; Puma sponsors Uruguay, Senegal, Switzerland, Serbia, Ghana, Morocco; Le Coq Sportif sponsors Cameroon; Marathon sponsors Ecuador; Hummel sponsors Denmark; Kappa sponsors Tunisia; Merooj sponsors Iran and New Balance sponsors Costa Rica.
To this we add what is called the "personal brand" of each player, from their image rights for advertising of all kinds, image in video games and even the creation of NFT with animations of the player.
Your products and services have an important value, visualize what you will be living in the month of the World Cup, advertising evocative of the tournament, the TV where you will watch a game, the cell phone you will use to share a goal, the application to follow the event, the clothing you wear for each occasion, etc.; everything has a brand, everything has a brand and distinctive sign that makes you choose before buying. All this is complemented with branding, marketing and advertising.
Intellectual and industrial property rights are applicable to all companies, SMEs, startups and entrepreneurs that create "value" in the market. So a correct and timely advice can generate income that you are not taking into account.
Every "exclusivity right" is obtained with its "registration" and in the event of an infringement, the owner may request economic compensation, based on the laws applicable in each country.
MIREGISTRODEMARCA.COM
Start the trademark registration process in Brazil, we will advise you step by step on the details to protect your trademark in one of the most developed countries in the world.
With a population of more than 212 million inhabitants, it is one of the largest and most thriving economies and industries in the world.
That is why we also offer service payments in local currency (reais) and PIX key (only for Brazilian residents).
Brazil is a party to the Madrid Protocol.
The Madrid Protocol is an international treaty that allows the filing and registration of trademarks in more than 120 countries. The treaty, which is administered by the World Intellectual Property Organization (WIPO), was adopted on June 27, 1989, enabling you to file your international trademark application in over 120 countries.
Trademark registration details in Brazil
Trademark protection is obtained through registration. But there are exceptions, such as the registration of foreign before well-known trademarks in the same field that are similar, imitation or translation of a national application, may invalidate the trademark registered in Brazil, according to Article 6 bis, Paris Convention.
How is the trademark registration procedure in Brazil?
The application process includes a formal examination and a distinctiveness examination, and a search for prior trademarks. It takes approximately 3 years from the first filing to registration or the first office action. Prior to registration, the trademark application is published approx. 3 months after the application date in the weekly magazine "Revista de la Propiedad Industrial". The opposition period is 60 days from the date of publication of the application.
A trademark registration in Brazil is valid for 10 years from the date of grant and has protection from the date of application/filing. The registration is renewable for periods of 10 years.
Classification of Goods / Services:
Use: Where a registered trademark has not been used continuously for the goods or services in question for 5 years from the date of registration (or the date of last use), a cancellation action may be filed by an interested person.
As from January 1, 2007, the goods and services will be specified in accordance with the standard articles of the International Classification of Goods and Services of the Nice Classification in its ninth edition (WIPO). The trademark registration in Brazil, pays values at the beginning of the trademark application and when it is granted, the title is requested where the values of its management are paid.
The fees that apply to an application in Brazil are in two stages:
Payment of rates, fees and expenses of trademark application.
Payment of rates, fees and expenses at the granting of the trademark, issuance of the title. (approximately 24 months of a normal procedure, without oppositions or hearings).
Start your trademark search and/or registration process in Brazil online, registering with your data at miregistrodemarca.com.
We are at your disposal to advise you in the process of registering your trademark.
Argentina has made use of Article 6ter of the Paris Convention;
Article 6ter of the Paris Convention for the Protection of Industrial Property protects the armorial bearings, flags and other emblems of the States party to the Convention, as well as the official signs and hallmarks of control and warranty adopted by them, against unauthorized registration and use as trademarks. The scope of this provision was extended in 1958 to include coats of arms, flags, other emblems, abbreviations and names of international intergovernmental organizations of which one or more States party to the Paris Convention are members.
The purpose of Article 6ter is to prevent the signs covered by that provision from being registered or used as marks, or as elements of marks, without the authorization of the competent authority.
Article 6ter does not create a trademark right, or any other type of intellectual property (IP) right, over the signs covered by the provision.
Scope of protection under Article 6ter
The protection provided by Article 6ter is not of a general nature. The purpose of this provision is to prohibit the registration and use of trademarks that are identical or similar to official emblems or signs.
The protection conferred on official control and warranty signs is more limited than the protection conferred on State emblems. Article 6ter(2) provides that, in the case of official control and warranty signs, the provision "shall apply only in cases where the marks containing them are intended to be used on goods of the same or a similar kind". Under Article 16 of the Trademark Law Treaty (TLT) and Article 16 of the Singapore Trademark Law Treaty (STLT), this provision extends to services.
Source: WIPO
PRESS RELEASE No 97/22
Luxembourg, 8 June 2022 Judgment of the General Court in joined cases T-26/21, T-27/21 and T-28/21 | Apple/EUIPO - Swatch (THINK DIFFERENT)
Apple and Swatch "THINK DIFFERENT".
The General Court dismisses the appeals brought by Apple Inc. against the decisions of the EUIPO which had declared the word mark "THINK DIFFERENT" revoked.
In 1997 (T-26/21), 1998 (T-27/21) and 2005 (T-28/21), the appellant, Apple Inc. obtained registration of the word sign THINK DIFFERENT as a European Union trade mark.
The goods for which registration was sought include, among others, computer products such as computers, computer terminals, computer keyboards, hardware, software and multimedia products.
In 2016, the intervener, Swatch AG, filed three applications for revocation of the disputed trademarks with the European Union Intellectual Property Office (EUIPO). This company claimed that the disputed marks had not been put to genuine use for the goods in question for an uninterrupted period of five years.
On August 24, 2018, the EUIPO Cancellation Division declared the revocation of the disputed trademarks for all the goods in question as of October 14, 2016. Apple's appeals against the Cancellation Division's decisions were rejected by the Fourth Board of Appeal. In January 2021, Apple Inc. filed three appeals before the General Court.
By its judgment delivered today in these three cases, the General Court dismisses the appeals.
According to the General Court, it was for Apple Inc. to prove to EUIPO that it had put those marks to genuine use for the goods in question during the five years prior to 14 October 2016 (the date on which the applications for revocation were filed), that is to say, between 14 October 2011 and 13 October 2016.
By its appeals, Apple Inc. criticized, inter alia, the Board of Appeal's failure to take into account the high degree of attention of the relevant public when assessing the genuine use of the marks at issue.
In particular, it disputed the Board of Appeal's finding that the relevant public easily overlooked the labels on the packaging of iMac computers, labels on which the marks at issue were displayed. In the General Court's view, Apple does not show that taking into account a high degree of attention would have led the Board of Appeal to consider that the consumer would examine even the smallest detail of the packaging and would have paid particular attention to the marks at issue.
On the other hand, the General Court rejects Apple's argument that the Board of Appeal wrongly failed to take into account the sales figures for iMac computers in the Union as a whole, presented in the witness statement of 23 March 2017.
The annual accounts for the years 2009, 2010, 2013 and 2015 that were attached to that statement only contain data on worldwide net sales of iMac computers but do not provide any data relating to the sales figures of iMac computers in the Union.
Moreover, Apple criticized the Board of Appeal's finding that the marks at issue were devoid of distinctive character. The General Court states that that argument is based on an erroneous interpretation of the contested decisions and points out that the Board of Appeal did not say that the words 'THINK DIFFERENT' were completely devoid of distinctive character, but that it attributed a rather weak distinctive character to them.
The General Court observes that, contrary to what Apple claims, the findings of the Board of Appeal on the distinctive character of the marks at issue are not contradicted by a body of evidence intended to establish genuine use of those marks. Although it is true that the evidence of genuine use submitted to EUIPO includes numerous press articles referring to the success of the advertising campaign entitled 'THINK DIFFERENT' when it was launched in 1997, those articles were published more than 10 years before the relevant period began.
The General Court considers that there is no infringement of the right to be heard in the present case. Moreover, according to the Court, the Board of Appeal provided a sufficient legal basis for the contested decisions as to whether Apple had adduced evidence of genuine use of the marks at issue.
Source: curia.europa.eu
Good news! From June 1, 2022, Japanese trademark holders looking to protect their marks internationally through WIPO’s Madrid System, can apply online using the Madrid e-Filing service directly via the website of the Japan Patent Office (JPO).
Adoption of Madrid e-Filing by the JPO brings the number of offices using the service to seventeen. Of the seventeen, the JPO has the highest volume of international applications (ranking #7 in 2021 among the top origin of international applications).
The Madrid e-Filing service enables Japanese users to electronically file international applications, by-passing a cost-and time-consuming development of our Office’s own IT system. In response to the growing need of transitioning from paper to digital communications driven by the pandemic, the Madrid e-Filing service provides a simple and quick solution to global businesses and IP Offices as well.
Junichi SUZUKI, Director of Office for International Design and Trademark Applications, Japan Patent Office, Japan
Fuente: WIPO
As of May 9, 2022, the actors of the innovation and entrepreneurship ecosystem will be able to make use of the benefits that Law 21.355 incorporates in the way trademarks and patents are processed in the country.
After intense institutional work, this Monday, May 9, Law 21.355, which modifies Chile's industrial property regulations dating back to 1991, came into force. The changes seek to provide the users of the system with greater tools when applying for protection rights so that inventors and entrepreneurs can face the market in a more competitive way.
This is one of the most important transformations of the last 30 years for the Chilean industrial property system. "At INAPI, we are pleased to see the many efforts made that have resulted in a law that directly benefits our users. From today, a range of possibilities opens up for people to protect and add value to their assets," said the National Director of INAPI, Loreto Bresky.
Among the most awaited advances by the local ecosystem, provisional patents are incorporated, which will allow inventors, universities, research centers and companies to have 12 months to gather all the information required for the processing of the right of protection. During this period, it will be possible to evaluate the viability of an application, its scalability and projection, without losing priority, as is the case in the USA, Australia and Portugal.
Another important measure added to the law is the patent usurpation action, which gives the inventor the possibility of filing a claim for damages against third parties who try to appropriate his innovation. This is in contrast to the previous legislation, which in the case of usurpation, the legitimate owner had the only option of requesting a declaration of nullity of registration.
"The changes introduced by the law offer greater opportunities for innovators to make strategic use of the protection right. This is so that they can project themselves in the market and glimpse the impact of their disruptive technologies on society," said Loreto Bresky.
Regarding trademarks, the rule that comes into force today incorporates different types of distinctive signs, through a new conceptual definition that expands the possibilities by excluding the requirement of graphic representation. Therefore, non-traditional trademarks are introduced for the first time in Chile, such as three-dimensional, holographic, multimedia and motion marks, among others.
On the other hand, the reform contemplates the concept of lapse for lack of use, which seeks that the exclusive rights of trademarks make sense and are effectively applied in the national market to identify products and services, and not to block the entry of competitors.
In this way, "the new law seeks to establish more efficient and expeditious registration procedures, which not only facilitate and clarify the processing processes that users must carry out to obtain them, but also allow INAPI to carry out a better quality management," said the National Director.
Source: INAPI - CHILE
Every April 26, we celebrate World Intellectual Property Day to raise awareness of the role that intellectual property (IP) rights play in fostering innovation and creativity. World Intellectual Property Day 2022 recognizes the enormous potential of youth to find new and better solutions to support the transition to a sustainable future.
Youth around the world are meeting the challenges of innovation with energy, ingenuity, curiosity and creativity to lead the way to a better future. The innovative, dynamic and creative spirit helps drive the changes needed to move towards a more sustainable future and find the formula for intellectual property rights to help tomorrow's youth build a better future.
The theme of World Intellectual Property Day 2020 is "IP and Youth: Innovating for a Better Future", with the aim of celebrating youth-led innovation and creativity.
Today's youth are an incredible source of ingenuity and creativity that is rarely tapped. This generation comes with renewed perspectives, curiosity and energy, is confident of its potential and eager to build a better future, all of which is already changing existing approaches and driving action for change and innovation.
World Intellectual Property Day 2022 is an opportunity for youth to discover how IP rights can help them achieve their goals, turn their ideas into reality, generate income, create jobs and have a positive impact on the world around them. With IP rights, youth have access to some of the key tools they need to further their goals and ambitions.
The campaign will enable youth to gain a better understanding of how the tools of the IP system, namely trademarks, design rights, copyright, patents, plant breeders' rights, geographical indications and trade secrets, among others, can support their aspirations to build a better future.
WIPO's role in supporting national and regional efforts to create a legal and policy environment in which young inventors, creators and entrepreneurs can flourish is also closely examined.
Last year saw an unprecedented level of participation in World Intellectual Property Day. With your help, World IP Day 2022 will reach new heights.
Youth are the innovators, creators and entrepreneurs of tomorrow. Their creativity and ingenuity are driving change in every region and paving the way for a better future. World Intellectual Property Day 2022 pays tribute to this exciting generation of transformative agents.
Generation Z and millennials, the creators of tomorrow
Today's youth is an incredible source of creativity and ingenuity that has hardly been tapped. There are currently about 1.8 billion young people (under the age of 24) in the world. Ninety percent live in developing countries. The proportion of people under the age of 35 is expected to increase in the coming years. Youth is a natural transformative agent paving the way for a better future in all regions.
Millennials and Generation Z are transformative agents; they are pragmatic people who are not afraid to speak up and challenge the status quo. Today's youth are digital natives who have grown up in a connected world, with cell phones and the Internet, where the boundaries between the physical and digital worlds are blurred. All of this has shaped a generation that is arguably the most entrepreneurial, innovative and creative that has ever existed.
We call on all young people, wherever their aspirations lie (in the arts, science, technology, etc.), because a creative and innovative mindset backed by IP rights helps make a difference, to participate in this year's campaign and discover the benefits that IP can offer.
We ask policymakers around the world to listen to the needs and concerns of young inventors, creators and entrepreneurs and to develop policies and programs that nurture and support the work they do to innovate for a better future.
Source: WIPO
WIPO Director General Daren Tang welcomes Malaysia’s accession to the Budapest Treaty and the Marrakesh Treaty. The Budapest Treaty facilitates biotech patenting through international recognition of the deposit of microorganisms for patent procedure, while the Marrakesh Treaty boosts the production and international transfer of specially-adapted books for people with who are blind or visually impaired. Malaysia’s Dato' Sri Alexander Nanta Lingg, Minister of the Ministry of Domestic Trade and Consumer Affairs, shared a message of support on the occasion of the deposit. Ambassador Ahmad Faisal Bin Muhaman, Permanent Representative of Malaysia to the United Nations and other international organizations in Geneva deposited the instruments of accession on March 31, 2022.
Fuente: WIPO
WIPO Director General Daren Tang Welcomes Panama's Accession to the Beijing Treaty
WIPO Director General Daren Tang accepted Panama's accession document to the WIPO Beijing Treaty from Deputy Minister of Culture Gabriel Alberto González Paredes.
Mr. Tang accepted the document on the sidelines of the Ministerial Meeting of Central America and the Dominican Republic, held in the Dominican Republic, under the theme "Empowering Solutions: Intellectual Property as a tool for innovation, transformation and sub-regional economic recovery".
What is the Beijing Treaty?
The Beijing Treaty on Audiovisual Performances, which was adopted on June 24, 2012, and entered into force on April 28, 2020, deals with the intellectual property rights of performers in audiovisual performances.
Overview of the Beijing Treaty on Audiovisual Performances (2012)
The Beijing Treaty on Audiovisual Performances was adopted by the Diplomatic Conference on the Protection of Audiovisual Performances held in Beijing from June 20 to 26, 2012. The Treaty covers the intellectual property rights of performers in audiovisual performances.
The Treaty confers on performers four types of economic rights in their performances fixed in audiovisual fixations, such as films: (i) the right of reproduction, (ii) the right of distribution, (iii) the right of rental and (iv) the right of making available.
As regards unfixed (live) performances, the Treaty grants performers three types of economic rights:
(i) the right of broadcasting, (except in the case of retransmission);
ii) the right of communication to the public (except where the performance constitutes a broadcast performance); and
iii) the right of fixation.
The Treaty also confers on performers moral rights, i.e. the right to be recognized as performers (except where the omission is dictated by the manner of use of the performance); and the right to object to any distortion, mutilation or other modification prejudicial to the honor and reputation of the author, taking into account the nature of audiovisual fixations.
The Treaty provides that performers shall enjoy the right to authorize the broadcasting and communication to the public of their performances fixed in audiovisual fixations. However, Contracting Parties may notify that, instead of the right of authorization, they shall provide for the right to equitable remuneration for the direct or indirect use for broadcasting or communication to the public of performances fixed in audiovisual fixations. Contracting Parties may, however, limit or, provided they have made a reservation in relation to the Treaty, deny such a right. In such a case, and to the extent that the Contracting Party concerned has made the reservation, the other Contracting Parties have the option of not exercising national treatment vis-à-vis the reserving Contracting Party ("reciprocity").
As regards the assignment of rights, the Treaty provides that Contracting Parties may provide in their national legislation that where the performer has consented to the fixation of his performance in an audiovisual fixation, the exclusive rights referred to above shall be assigned to the producer of the audiovisual fixation (unless otherwise provided in a contract between the performer and the producer). Independently of such assignment of rights, national laws or individual, collective or other agreements may grant the performer the right to receive royalties or equitable remuneration for any use of the performance, as provided for in the Treaty.
As regards limitations and exceptions, Article 13 of the Beijing Treaty incorporates the so-called "three-step rule" for the determination of limitations and exceptions under Article 9(2) of the Berne Convention, which extends its application to all rights. The Agreed Statements accompanying the Treaty provide that the Agreed Statement in respect of Article 10 of the WCT will also apply to the Beijing Treaty, i.e. those limitations and exceptions, established in national law in accordance with the Berne Convention, may be extended to the digital environment. Contracting States may provide for new exceptions and limitations appropriate to the digital environment. The extension of existing limitations and exceptions, or the creation of new ones, is permitted, provided that the conditions of the three-step rule are met.
The duration of protection may not be less than 50 years.
The enjoyment and exercise of the rights provided for in this Treaty shall not be subject to any formality.
The Treaty establishes the obligation of the Contracting Parties to provide legal remedies to prevent acts aimed at neutralizing technical protection measures (e.g. encryption) used by performers in connection with the exercise of their rights, or against the deletion or alteration of information, such as the indication of certain data enabling the identification of the performer, the performance, and the audiovisual fixation itself, which are necessary for the management (e.g., licensing, collection and distribution of royalties) of such rights ("rights management information").
An agreed statement on the interrelationship of technological measures and limitations and exceptions clarifies that nothing prevents a Contracting Party from taking effective and necessary measures to ensure that beneficiaries can enjoy the limitations and exceptions, if technological measures have been applied to an audiovisual performance and if the beneficiary has lawful access to that performance. The above-mentioned effective and necessary measures may need to be taken only where the right holders have not taken effective and adequate measures in relation to such performance to enable the beneficiary to enjoy the limitations and exceptions in accordance with the national law of that Contracting Party.
Without prejudice to the legal protection of an audiovisual work in which a performance is fixed, the obligations relating to technological protection measures shall not apply to performances that do not enjoy protection or no longer enjoy protection under the national law implementing the Treaty.
Contracting Parties shall grant the protection provided for in the Treaty to fixed performances existing at the time of entry into force of the Treaty, as well as to all performances taking place after the entry into force of the Treaty in each Contracting Party. However, a Contracting Party may declare that it will not apply the provisions relating to some or all of the exclusive rights of reproduction, distribution, rental, rental, making available of fixed audiovisual performances, as well as broadcasting and communication to the public, in respect of performances existing at the date of entry into force of the Treaty in each Contracting Party. Other Contracting Parties may, on a reciprocal basis, limit the application of such rights in relation to that Contracting Party.
The Treaty obliges the Contracting Parties to take, in accordance with their legal system, the necessary measures to ensure its implementation. In particular, all Contracting Parties must ensure that enforcement procedures are available under national law to enable effective action to be taken against acts of infringement of the rights provided for in the Treaty. Such measures should include expeditious remedies to prevent infringements, as well as other remedies that constitute an effective deterrent to further infringements.
The Treaty establishes an Assembly of the Contracting Parties whose main function is to deal with matters relating to the maintenance and development of the Treaty, and entrusts the WIPO Secretariat with the administrative work related to it.
The Beijing Treaty will enter into force three months after 30 eligible Parties have deposited their instruments of ratification or accession. Accession to the Treaty is open to WIPO Member States and the European Union. It is for the Assembly constituted under the Treaty to decide on the admission of other intergovernmental organizations. Instruments of ratification or accession must be deposited with the Director General of WIPO.
Source: WIPO
Accession to the 1999 Act: China
1. On February 5, 2022, the Government of China deposited with the Director General of the World Intellectual Property Organization (WIPO) its instrument of accession to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs ("1999 Act").
2. The instrument of accession was accompanied by the following declarations made under the 1999 Act and the Common Regulations under the 1999 Act and the 1960 Act of the Hague Agreement ("Common Regulations"): - the declaration referred to in Article 5(2)(a) of the 1999 Act, according to which any international application designating China shall contain a brief description of the characteristic features of the design in accordance with Article 5(2)(b)(ii);
- the declaration referred to in Article 7(2) of the 1999 Act, indicating that, in respect of any international application designating China, and in respect of the renewal of any international registration resulting from such international application, the prescribed designation fee shall be replaced by an individual designation fee. The details of the declaration and the amount of the individual designation fee shall be the subject of a separate Notice;
- the declaration referred to in Article 13(1) of the 1999 Act, whereby, according to Chinese law, "an application for registration of a design shall be limited to one design. Two or more similar designs for the same product or two or more designs which are incorporated in products belonging to the same class and sold or used together may be included in a single application. When two or more similar designs of the same product are included in a single application, the other designs must be similar to the one indicated as the principal design and the total number of designs must not exceed 10. In the case, mentioned above, where two or more designs are incorporated in products belonging to the same class and sold or used together, all the products must belong to the same class of the International Classification for Industrial Designs and usually be sold or used at the same time, and the designs incorporated in each product must show the same design concept.";
- the declaration referred to in Article 16(2)(2) of the 1999 Act, whereby the recording of a change in the ownership of an international registration in the International Register shall not take effect in China until the China National Intellectual Property Administration (CNIPA) has received the documents supporting the change;
- the declaration required under Article 17(3)(c) of the 1999 Act, notifying that the maximum duration of protection provided by the law of China for designs is 15 years;
- the statement referred to in Rule 9(3)(a) of the Common Regulations that "for each international application designating China, in respect of a product with a three-dimensional design, or if the essential design features of the product design relate only to a graphical user interface (GUI), the applicant shall submit a view or views of the product complying with the corresponding requirements;
- the statement referred to in Rule 18(1)(b) of the Common Regulations, notifying that the prescribed time limit of six months for the notification of a refusal of the effects of an international registration is replaced by a time limit of 12 months;
- the statement referred to in Rule 18(1)(c)(i) of the Common Regulations that the international registration shall have the effects referred to in Article 14(2)(a) of the 1999 Act from the date on which protection is granted under the law of China, but within six months from the date of expiry of the 12-month refusal period; and
- the declaration referred to in Rule 18(1)(c)(ii) of the Common Regulations, notifying that the international registration shall have the effect referred to in Article 14(2)(a) of the 1999 Act in China from the date on which protection is granted under the law of China, where, for unintentional reasons, a decision concerning the grant of protection was not communicated within the 12-month refusal period.
3. In addition, the Government of China declared that, in accordance with the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the 1999 Act shall not apply to the Hong Kong Special Administrative Region of China and the Macao Special Administrative Region of China, unless otherwise notified by the Government of China.
4. Pursuant to Article 28(3)(b) of the 1999 Act, the 1999 Act and the declarations made shall enter into force in respect of China on May 5, 2022. The accession of China to the 1999 Act brings the number of Contracting Parties to the 1999 Act to 68 and the total number of Contracting Parties to the Hague Agreement to 77.
Have you already filed an international application and wish to extend protection to China?
If your international application is the first application filed and no more than six months have elapsed since its filing, you may file another (new) international application for the same designs, designating China, and claim the priority of the first international application.
Source: WIPO
As of July 6, 2022, trademark owners in Cape Verde will be able to start using the Madrid System to protect their trademarks in the other 127 member countries by filing a single international application and paying a single set of fees.
Similarly, users of the Madrid System will be able to apply for protection of their marks in Cape Verde through the Madrid System's simple designation system.
Trademark protection in Cape Verde
Cape Verde's accession further strengthens the Madrid System's position as a key component of global trademark protection by offering a practical and cost-effective solution to trademark owners around the world.
More information on Cape Verde's trademark law and practices will soon be posted on the Madrid System Member Profiles Database.
Source: WIPO
The World Intellectual Property Organization #WIPO informed that on April 4, 2022, the Government of the Republic of Chile deposited its instrument of accession to the Madrid Protocol, becoming the 111th member of the Madrid System, of which 127 countries are now members.
On April 4, 2022, the Government of Chile deposited its instrument of accession to the Madrid Protocol with WIPO with:
the declaration extending the refusal period to 18 months and making it possible to notify a refusal based on an opposition after the expiration of that period (Article 5(2)(b) and (c) of the Madrid Protocol);
the declaration that Chile wishes to receive an individual fee when it is designated in an international application, in a subsequent designation and in connection with the renewal of an international registration (Article 8(7)(a) of the Madrid Protocol). The amounts of this individual fee will be the subject of a separate notice;
the notification indicating that any provisional refusal that has been notified to WIPO by the Chilean Office will be subject to review, whether or not the holder has requested such review, and the decision taken in respect of such review may be subject to further review or appeal to the Office (Rule 17(5)(d) of the Madrid Protocol Regulations);
the notification indicating that the recording of licenses in the International Register has no effect in Chile (Rule 20bis(6)(b) of the Madrid Protocol Regulations);
the notification indicating that the Office of Chile will not submit to WIPO requests for the merger of international registrations resulting from a division because the merger of registrations is not provided for in the legislation of Chile (Rule 27ter(2)(b) of the Regulations under the Madrid Protocol).
The Madrid Protocol will enter into force with respect to Chile on July 4, 2022.
Advantages of the Madrid System
The Madrid System is a comprehensive solution for trademark owners to obtain and maintain protection in multiple markets. Whether you are a small start-up or a large multinational export company, the Madrid System can help you manage your trademark efficiently.
With more than 1,300,000 registered trademarks, the Madrid System is the leading choice for international trademark registration among export-oriented trademark holders.
See how we can help your company register its international trademarks. Mail: contacto@miregistrodemarca.com
"VIBRA CON VOS", is the name of the video that we present and that evokes the sensations of the process from the visualization of that "idea" for the development of a project and/or enterprise in the market.
VIBRA, which is the sensation or feeling that is transmitted instinctively, is what we try to transmit to our clients.
From the MIREGISTRODEMARCA.COM team, we wish you a successful and "happy new year 2022".
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ARTICLE 2 - Medium Term Affidavit. The owners of those trademarks granted as from January 12, 2013 shall be subject to compliance with the Sworn Statement of Use provided for in Section 26 of the Trademark and Designations Law No. 22,362, as amended, and its Regulatory Decree No. 242/2019.
ARTICLE 3 - Extemporaneous compliance. As from January 12, 2020, all those trademark registrations that are in conditions for their holders to file the Sworn Statement of Use provided for by Section 26 of the Trademark and Designation Law No. 2019 - "YEAR OF EXPORT" 22.362, as amended, and its Regulatory Decree No. 242/2019 and that do not comply with the provisions of Section 26 of the Trademark and Designation Law No. 242/2019, and that do not comply with the provisions of Section 26 of the Trademark and Designation Law No. 22.362, as amended. 242/2019 and that do not comply with the aforementioned obligation shall be subject to the payment of an extraordinary fee for each year of failure to file the declaration, as established by Annex II of Resolution No. P-250 dated September 27, 2018 of the INPI.
TITLE III- RENEWAL OF TRADEMARKS.
ARTICLE 4 - Term. The renewal application may be filed within SIX (6) months before or after the expiration of the registration, paying the relevant fee. Condition for renewal. Use of the Trademark.
For the renewal of those trademarks that have been granted as from January 12, 2013, at the time of submitting the application for renewal of the registration, they must have filed the Affidavit of use of half term provided for in Article 26 of the Trademark and Designations Law No. 22.362 and its amendments, as amended. 22.362 and its amendments, and its Regulatory Decree No. 242/2019, otherwise the procedure will not be processed; without prejudice to the power to declare the expiration of the administrative procedure for the renewal of the trademark registration, prior notice to the applicant.
It was published on May 23, 2019
Reference: EX-2019-47949031- -APN-DO#INPI - IMPLEMENTATION OF DECREE 242/19
Intellectual Property and Business
Knowledge of intellectual property (IP) can help your business become more competitive and manage IP risks.
The IP system has an important role to play in helping you to:
protect innovative products and services;
increase the visibility, interest and value of your products in the marketplace;
differentiate your company and products from the competition;
gain access to specialized and commercial information and knowledge;
avoid the risk of unintentionally using content belonging to third parties or unintentionally losing valuable proprietary information, innovations or creative productions.
Understand the benefits of IP
Defend your competitive space
Your innovative product/process or improved product/process can be protected by a patent right that can give your company a competitive advantage. The right granted by patent protection to prevent third parties from using or exploiting your invention allows you to defend yourself against competition and assume a strong and leading position in the market.
Understanding how to protect trade secrets is also critical in defending your competitive space. Specific product details, technological know-how and strategic business information are often key to a company's success, enabling it to maintain its advantage over competitors. The theft or accidental disclosure of trade secrets can deprive a company of these important advantages.
Visibility in saturated markets
Trademarks allow customers to distinguish your products or services from those of your competitors and ensure consistent quality. Care should be taken in choosing and designing your trademark, protecting it, advertising it, and ensuring that it is not misleading or misused by others.
The aesthetic appearance of your product, which is protected by an industrial design right, is another way to distinguish yourself from the competition and gain market share. A visually appealing design alone can attract a demanding and diversified clientele and could be the most important distinguishing feature of your product.
Identify, protect and manage your IP
Keep in mind that a single product may be protected by different forms of IP rights. The combination of these IP rights protects your innovation and nurtures your brand. They are an important tool for maintaining and strengthening your competitive advantage and expanding your market share.
Source: WIPO
The Agreement on the withdrawal of the United Kingdom from the European Union provides for a transition period ending on December 31, 2020. The UK Government has indicated the steps it will take to continue to provide protection in the UK for trademarks on international registrations with effect in the European Union before the end of the transition period.
International registrations under the Madrid System that have not been refused or protected by the European Union Intellectual Property Office (EUIPO) as of January 1, 2021.
Holders of an international registration designating the European Union that has not been refused or protected by the EUIPO as of January 1, 2021, may apply for registration in the national trademark register with the United Kingdom Office (UKIPO) during the nine months after January 1, 2021. The initial date of the EU designation will be maintained.
The same applies to holders whose international registration or subsequent EU designation, as the case may be, is recorded in the International Register after the end of the transition period, but with a date prior to January 1, 2021. In that case, the period of nine months will be counted from the date of recording of the international registration or subsequent designation of the European Union in the International Register.
International registrations under the Madrid System protected in the EU before January 1, 2021.
After the end of the transitional period, a comparable national mark will be created and recorded in the UK Register for each international registration that has obtained protection in the European Union before the end of the transitional period.
Where protection is the result of several designations of the European Union in an international registration (e.g., a designation made in the international application and a subsequent designation), a comparable national mark will be created for each designation.
Such new comparable marks created in the United Kingdom will be independent of the international registration and will be governed by the law of the United Kingdom. They will have to be administered directly with the UKIPO by the holders.
Rights of holders of existing international registrations
The end of the transitional period will not adversely affect the rights of holders of existing international registrations, in respect of which the European Union is the Contracting Party, who are citizens of the United Kingdom or have their domicile or a real and effective industrial or commercial establishment in the United Kingdom. The same shall apply to international applications filed with the EUIPO by citizens or entities of the United Kingdom before the end of the transitional period.
Centralized management under the Madrid system for UK comparable marks
After the end of the transitional period, the holder may subsequently designate the United Kingdom in the international registration that led to the creation of a comparable United Kingdom mark. Under Article 4bis of the Protocol, such an international registration would replace the comparable UK mark, allowing the holder to regain the benefits of centralized management. The holder may request the UKIPO to record such a replacement in the UK Register.
The same will apply to UK registrations in respect of which the holder has claimed the earlier date of designation of the European Union. The holder may subsequently designate the United Kingdom in the international registration concerned once the mark has been registered in the United Kingdom, so that Article 4bis of the Protocol would apply.
However, owners should be aware that, while a comparable right will automatically be created in the UK, the subsequent designation of the UK will be subject to examination by the UKIPO and published for opposition purposes.
For more information, please refer to UKIPO Form TM28 (Application for Registration of a Concurrent Registration) to record that an internationally protected (UK) mark replaces a mark registered in the UK.
Continued use of the Madrid System as a United Kingdom citizen or legal entity after the transition period
The United Kingdom is a Contracting Party to the Madrid Protocol, so interested persons are and will continue to be entitled to file an application through the UKIPO as Office of origin and, as a new owner, to claim their entitlement through the United Kingdom in a request for recordal of a change of ownership.
Please note, however, that after the end of the transitional period, you will no longer be entitled to file an application through the EUIPO as Office of origin and to claim a right through the European Union as a new holder in a request for recordal of a change of ownership.
Source: WIPO
The branding of a brand is always linked to a strategy. This is because it needs to make use of its graphic line, identity and color, among many other things.
An example is the use of branding in social networks in order to humanize the brand and also to provoke an emotional response in its target, thus achieving its loyalty.
A brand goes beyond a logo and a slogan. A brand has attributes and a personality that must be very well defined by the company, with the purpose of building customer and consumer loyalty.
In the era of online marketing, brands must generate trust, with consistent quality content, and generate added value regardless of the products or services offered in the market.
The purpose of branding in a brand is not only to make a sale, but also to make that customer have a special connection and want to return to have a new shopping experience.
Stand out from your competition with value, the added value you can give them in the market.
Before exposing your brand to the market, don't forget to register it.
NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY
Resolution 69/2020
RESOL-2020-69-APN-INPI#MDP
City of Buenos Aires, 06/29/2020
IN VIEW OF Electronic File No. Ex-2020-17429722-APN-DO#INPI of the registry of the NATIONAL INSTITUTE OF THE INDUSTRIAL PROPERTY (INPI), the Decree of Necessity and Urgency No. 260, dated March 12, 2020 and complementary, the Decree of Necessity and Urgency No. 297, dated March 19, 2020, the Decree of Necessity and Urgency No. 325, dated March 31, 2020, the Decree of Necessity and Urgency No. 355, dated April 11, 2020, Emergency Decree No. 408, dated April 26, 2020, Emergency Decree No. 459, dated May 10, 2020, Emergency Decree No. 493, dated May 24, 2020, Emergency Decree No. 520, dated June 7, 2020, Emergency Decree No. 576, dated June 29, 2020, Emergency Decree No. 576, dated June 29, 2020, Administrative Decision No. 524 dated April 18, 2020, Decree No. 298 dated March 19, 2020, Decree No. 327 dated March 31, 2020, Decree No. 410 dated April 26, 2020, Decree No. 458 dated May 10, 2020, Decree No. 494 dated May 24, 2020, Decree No. 521 dated June 8, 2020, Decree No. 577 dated June 29, 2020, INPI Resolution No. P 16, dated March 17, 2020, INPI Resolution No. P 22, dated April 1, 2020, INPI Resolution No. P 34, dated April 12, 2020, INPI Resolution No. P 37, dated April 27, 2020, and INPI Resolution No. 42, dated May 11, 2020, INPI Resolution No. P 47, dated May 26, 2020, INPI Resolution No. P 51, dated June 8, 2020, and
WHEREAS:
That by Decree of Necessity and Urgency No. 260/20, due to the Declaration of Pandemic of Covid19 by the WHO, the Public Emergency in Sanitary Matters already declared by Law No. 27,541 was extended.
The 2020 World Intellectual Property Day campaign puts innovation - and the IP rights that underpin it - at the center of efforts to achieve a green future. Why? Because the decisions we make today will determine our tomorrow. The Earth is our home. We must care for it.
Forging the path to a green future is an issue that requires priority attention today. As a common challenge, the collaboration of each and every one of us is necessary. Although it is a complex and multifaceted endeavor, "as a species we are experts at solving problems," as the renowned naturalist David Attenborough says.
A green future is possible. We have the collective knowledge, ingenuity and creativity to devise new and more effective ways to shape a low-carbon future - but now is the time to act!
The 2020 World Intellectual Property Day campaign puts innovation - and the IP rights that underpin it - at the heart of efforts to achieve a green future. Why? Because the decisions we make today will determine our tomorrow. The Earth is our home. We must take care of it.
The campaign also pays tribute to the many inventors and creators around the world who are inspiring and committed to a green future: women, men and young people working on cleaner alternatives to traditional fossil fuel-based technologies, as well as on better and more sustainable food and natural resource management systems, people who use the IP system in order to see their work strengthened, accepted and used in society.
We look at how a strong and balanced IP system can foster the emergence of a green economy that benefits rather than harms the Earth's life-support systems.
We look at how the patent system fosters innovation, development and diffusion of green technologies that enable us to address the climate crisis and forge a green future; how design thinking and design rights together promote optimal use of resources and enable designers to invest their time and talent in creating useful, attractive and environmentally friendly products for the consumer.
We examine how trademarks and other identifiers support both the creation and growth of companies built on the principles of environmental sustainability, enabling them to offer a wider range of environmentally friendly products and services.
We see how rights such as geographical indications are encouraging more sustainable use of natural resources and plant breeders' rights are promoting the development of more resilient crops for global food security.
We also look at how creators - who through the copyright system are able to make a living from their work - can play an essential role in developing a green vision of the future and its incalculable benefits.
As Einstein said, we cannot do the same thing over and over again expecting different results. If we want different results, we must be innovative in our approaches, mindset and operating models.
Our engagement, the day-to-day decisions we make, the products we purchase, the research we fund, the companies we support and the laws and policies we develop will determine how green our future will be. With innovative thinking and strategic use of IP rights, achieving sustainability is in our hands.
Discuss with us the role that innovation and IP rights play in leading the way to a green future. Share your favorite green innovations and tell us how you will further your green credentials.
Source: WIPO
Becoming aware of the moment we are going through, and of the care you must offer to your brother, is fundamental to stop the spread of this virus.
Any spreading or stopping of this pandemic will depend exclusively on your responsibility and awareness that you have at this moment.
Look around you and you will know that we are also being watched by our parents, partners, children, siblings, grandchildren, family, friends, neighbors, among others....
Each one of them carrying their own information and energy. Seek to create in them, a positive homogeneous tuning to go through this situation.
Future generations will speak of the awareness and maturity with which they faced this global health emergency. All this will be a historical experience of life.
We are responsible for the actions we take in this quarantine, let's start educating, forming and being the mirror of our children, who will know how to thank you when all this is over.
Our accompaniment to each one of you.
MIREGISTRODEMARCA.COM
The relevance of the Patent Cooperation Treaty in 2019 - Year of Exports
The International Seminar "PCT - The Relevance of the Patent Cooperation Treaty in 2019 - Year of Exports" was held this morning at the premises of the Argentine Confederation of Medium-sized Enterprises (CAME).
To a full room and with a wide repercussion, national and international speakers presented the existing problems when patenting abroad and the benefits of belonging to a treaty that simplifies the obtaining of international protection of innovations.
The Seminar was attended by prominent speakers such as the Deputy of the Nation, Cornelia Schmidt Liermann; the Secretary of SMEs Entrepreneurs of the Ministry of Production and Labor, Mariano Mayer; the President of the National Institute of Industrial Property, Dámaso Pardo, and the First Vice-President of the Argentine Confederation of Medium-sized Companies, Diego Navarro, and the Secretary of Institutional Relations of CAME, Fabián Castillo, among others.
With praise for the procedures to achieve international protection through the Treaty and a deep analysis of the current Argentine regulations and bureaucracy, speaker after speaker added their voices in favor of Argentina's accession to the Treaty.
Regarding the need for a policy focused on national innovation and exports, Congresswoman Cornelia Schmidt Liermann opened the first panel and said: "Innovation and development without investment does not exist; but to invest you need guarantees, and the PCT is a spectacular place to find those guarantees that the world needs". He urged his colleagues in the National Congress to be aware of the need to have a policy for the benefit of inventions that make the market economy.
In reference to the benefits of joining the PCT, Dámaso Pardo emphasized: "PCT simplifies and lowers the costs for those innovators who intend to protect their inventions in several countries". He added: "It is essential that we, as a country, facilitate access to the protection of their inventions for all innovators".
In one of the panels where the "Simplification of patenting processes" was discussed, Pedro Inchauspe, Secretary of Productive Simplification remarked: "We carried out a deep transformation work together with the INPI that included the digitalization and simplification of registrations and procedures related to trademarks, patents and industrial models. We understand that when we shorten deadlines and reduce the bureaucratic burden for the entrepreneur or inventor who comes to register his trademark or design, we are collaborating in his development, fostering innovation and allowing more productive projects to be born. This is our proposal for an increasingly simpler State".
To conclude the meeting, Mariano Mayer said: "It is a pity that we do not have the PCT approved. We have to do everything we can to help entrepreneurs and researchers to protect their inventions in a modern and agile way, which will allow them to go out and import to the world".
SOURCE: INPI ARGENTINA
In Brussels, Mercosur was able to conclude negotiations for the signing of a Strategic Association Agreement with the European Union, an unprecedented agreement for both blocs and one of the most important in world history. Thus, it culminates a negotiating process that lasted more than 20 years and that gained renewed momentum since 2016.
The Strategic Association between Mercosur and the European Union implies the integration of a market of 800 million inhabitants, almost a quarter of the world's GDP and with more than US$ 100 billion in bilateral trade in goods and services. It is a milestone for Argentina's international insertion as it increases the exports of regional economies, consolidates the participation of our companies in global value chains, promotes the arrival of investments, accelerates the process of technology transfer and increases the competitiveness of the economy, all of which will generate an increase in the Gross National Product and an increase in quality employment. In addition, it constitutes an institutional seal that gives permanent character to the strategic relationship with the EU, guaranteeing transparency, predictability and clear rules for the economic actors.
The agreement reached ensures the main objectives set by the Mercosur countries, since it improves the conditions of access to goods and services for our exports, while allowing a transition time for the commercial opening of European goods and services and preserves industrial development tools in fields such as intellectual property, public procurement and trade defense.
The agreement transcends merely commercial purposes and marks a before and after in Argentina's international integration and in the process of national economic development. It is also the result of an effort of dialogue, coordination and understanding among Mercosur member countries, as well as between their governments and the private sector, chambers of commerce and trade union associations in each of them. It also strengthens Mercosur internally and consolidates and broadens the horizon of its international insertion agenda.
The EU is the leading global investor, with an investment stock exceeding 30% of the world total. It imports 17% of total world purchases of goods and services and represents 20% of the international economy's product. The agreement will provide opportunities to export to a market with more than 500 million inhabitants with an average GDP per capita of USD34,000 and access to a more diverse and higher quality supply of products at more competitive prices for our industries and consumers.
Among the main axes of the agreement are the following achievements for Mercosur:
- It provides greater institutional quality: it establishes a strategic and permanent political, cultural and economic link with the EU. It also presents a transparent and consensual regulation that reduces discretionality in the application of economic policies.
- It improves the competitiveness of Argentina's economy: it streamlines the conditions of access to goods, services and investments, by reducing and eliminating restrictions. At the same time, it simplifies trade procedures, facilitates access to technology, inputs and intermediate goods that are necessary to produce value-added goods.
- It contemplates a transition time: the agreement will be implemented gradually in times that guarantee a process of adaptation of the Argentine economy to international competition. For Mercosur countries, tariff reduction terms will be extended, on average, in periods of 10 and up to 15 years, while the EU accepted immediate tariff reduction terms with Mercosur, a situation unprecedented in other negotiations of the European bloc.
- It favors regional integration: it implies a new stage in the relationship between Mercosur countries, boosting intra-regional trade and assuming new commitments in terms of circulation, regulatory harmonization and simplification of internal procedures.
- It establishes benefits for SMEs: it contemplates special programs that facilitate their integration into global value chains, technical assistance, participation in government procurement, joint ventures, partnerships, business networks, transfer of know-how and financial assistance.
- Promotes the attraction of investment: facilitates the increase of foreign investment by providing certainty and stability in the rules of the game. Other countries or blocs that have signed agreements with the EU have significantly increased FDI inflows.
Source: Argentine Ministry of Foreign Affairs
On June 3, 2019, Resolution INPI No. P-123/19, published in the Official Gazette of the Argentine Republic (May 23), which complements Regulatory Decree No. 242 of April 1, 2019, will enter into force.
The new resolution is divided into four titles.
The first one deals with the filing of the application for a new trademark which, although it does not change the current filing form, clarifies -as a general principle- that registration applications will continue to be processed individually. This means that an application is filed for each class of the Nice classification in which a trademark registration is sought and, consequently, those applications that include more than one class will be rejected.
The second title regulates the affidavit of mid-term use, the purpose of which is to improve the information on the effective use of registered trademarks and to discourage the future registration of trademarks for speculative purposes and thus promote the protection of industrial property and productive development. This mid-term affidavit of use must be filed within the sixth year of validity of the trademark and will have an exceptional term, expiring in January 2020, for those who, according to the law, would have been obliged to file it. Also, next Monday, the INPI will publish the filing procedure and the suggested text for the affidavit on its website.
Failure to file such affidavit will result in an extraordinary fee for each year in default and, in case the registration is renewed, will prevent the processing of such renewal until such affidavit is complied with.
The third title establishes a new term for the filing of trademark renewal applications, which may now be filed within six (6) months prior to their expiration and up to six (6) months after such expiration, paying -as the case may be- the corresponding fee.
The last title temporarily maintains the current system of notifications but, in order to speed up the process, it reduces the suspension period for answering hearings and challenging resolutions from sixty (60) to thirty (30) days. This suspension does not apply to answer notices of the opposition resolution procedure, which will not have any suspension period.
Other clarifications of the decree are the automatic extensions to answer substantive hearings. Now they are reduced to two: the first one of ten (10) days and the second one of five (5) days, in both cases.
ARTICLE 1 - The following may be registered as trademarks to distinguish products and services: one or more words with or without conceptual content; drawings; emblems; monograms; engravings; stamps; seals; images; bands; color combinations applied in a specific place on products or packaging; wrappings; containers; combinations of letters and numbers; letters and numbers by their special drawing; advertising phrases; reliefs with distinctive capacity and any other sign with such capacity.
The regulation is the result of the work between different areas of the government and family farming organizations and enables the production of homemade, artisanal and traditional foods from small and medium-scale entrepreneurs in private homes.
The resolution of the National Food Commission includes pickles, jams, baked goods, cheese, dulce de leche and yerba mate in the Argentine Food Code.
According to Andrea Maggio, director of INTA's Center for Research and Technological Development for Family Farming, "achieving this regulation meant a great deal of inter-institutional work aimed at adapting the regulations in force to include family farming products".
Lucía González Espinosa, coordinator of Family Agriculture of the National Agri-Food Health and Quality Service, Senasa, pointed out that the proposal, in addition to strengthening the National Food Control System, will make it possible to formalize the addition of value to regional production.
Source: INTA
Worldwide, demand for intellectual property (IP) titles reached record levels in 2017, with China leading the rise in filings for patents, trademark registrations, industrial designs, and other IP rights that form the backbone of the global economy.
Innovators around the world filed 3.17 million patent applications in 2017, an increase of 5.8%, in a string of eight consecutive years of increases, according to WIPO's annual World Intellectual Property Indicators report. Filing activity for trademark applications totaled 12.39 million, and for industrial designs 1.24 million.
China saw the highest volume of applications for each of these IP rights, as the country's innovators and creators, as well as foreign entities, seek to protect and promote their work in one of the world's fastest growing economies.
"Demand for IP protection is rising faster than the global rate of economic growth, illustrating that IP-backed innovation is an increasingly important component of competition and commercial activity," said WIPO Director General Francis Gurry. "In just a few decades, China has built an IP system, encouraged local innovation, joined the ranks of IP leaders - and is now leading the global surge in IP filings."
Worldwide, applications for plant variety protection increased from 11.7% to 18,490 applications in 2017, and data received from 82 national and regional administrations highlight the existence of some 59,500 protected geographical indications in 2017.
For the first time, WIPO presents statistics on the creative economy: revenues from the publishing industry in 11 countries covering three sectors totaled US$248 billion in 2017.
Patents
China's IP Office received the highest total number of patent applications in 2017: a record 1,380,000. In 2017, China refined its method of compiling statistics relating to patent applications and industrial design registrations, computing only those in respect of which application fees have been paid. The Chinese IP Office was followed by the Offices of the USA (606,956), Japan (318,479), the Republic of Korea (204,775) and the European Patent Office (EPO) (166,585).
The top five offices accounted for 84.5% of the world total. Among these Offices, the strongest increase in filings was observed in those of China (+14.2%) and the EPO (+4.5%), while in those of Japan (+0.03%) and the USA (+0.2%) the increase was irrelevant. The Republic of Korea (-1.9%) received fewer applications in 2017 than in 2016.
Germany (67,712), India (46,582), the Russian Federation (36,883), Canada (35,022) and Australia (28,906) were also among the top 10 offices. Australia (+1.8%), Canada (+0.8%) and India (+3.4%) saw an increase in filings, while Germany (-0.3%) and the Russian Federation (-11.3%) saw a decrease in the number of filings.
Asia is going strong
Asia strengthened its position as the region with the strongest filing activity. Offices located on that continent received 65.1% of the total number of applications filed worldwide in 2017 - a considerable increase, up 49.7% from 2007 - mainly due to the increase observed in China.
Offices located in North America accounted for 20.3% of the 2017 global total - six percentage points lower than their share in 2007. Europe's share decreased from 18.1% in 2007 to 11.2% in 2017. The combined share of Africa, Latin America and the Caribbean, and Oceania was around 3.4% in 2017.
Patenting activity without borders
In terms of foreign filings, indicating a desire to expand into new markets, U.S. residents continue to lead the way with 230,931 equivalent patent applications filed abroad in 2017. The U.S. was followed by Japan (200,370), Germany (102,890), the Republic of Korea (67,484) and China (60,310).
Among these five origins, China saw a 15% increase in overseas filings, far outpacing Japan (+2.1%) and the U.S. (+2%). Both Germany (-0.6%) and the Republic of Korea (-4.1%) saw a lower volume of foreign filings in 2017 than in 2016.
The number of patents in force worldwide increased by 5.7% to 13.7 million in 2017. Approximately 2.98 million patents were in force in the U.S.; meanwhile, China (2.09 million) and Japan (2.01 million) had close to 2 million patents in force.
Trademarks
In 2017, about 9.11 million trademark applications were filed covering 12.39 million classes. The number of classes specified in the applications increased from 26.8% in 2017, marking the eighth consecutive year of increase.
The IP Office of China saw the highest volume of filing activity, with a class count of approximately 5.7 million; it was followed by those of the U.S. (613,921) and Japan (560,269), the European Union Intellectual Property Office (EUIPO) (371,508) and the Islamic Republic of Iran (358,353). Among the top 20 Offices, the Offices of the Islamic Republic of Iran (+87.9%) and China (+55.2%) showed a high annual increase. In both Offices, strong increases in resident filings boosted the overall increase. Japan (+24.2%), the United Kingdom (+24.1%) and Canada (+19.5%) also saw significant increases.
Asia leads the way in trademark filings
Offices located in Asia accounted for 66.6% of total trademark filing activity in 2017, up from 36.1% in 2007. Europe's share fell, from 38.9% in 2007 to 17.7% in 2017. North America accounted for 6.4% of the world total in 2017, while the combined share of Africa, Latin America and the Caribbean, and Oceania amounted to 9.2% in 2017 - five percentage points below their combined share in 2007.
Trademarks associated with advertising and commercial business management accounted for 11% of total global filing activity in 2017, followed by apparel (7%), computer hardware, software and instruments (6.9%) and education and entertainment services (5.8%).
The estimated number of active trademark registrations in 2017 is 43.2 million worldwide-an increase of 9.7% over 2016, with 14.9 million in China alone, which was followed by 2.2 million in the U.S., 1,900,000 in Japan and 1,600,000 in India.
Industrial designs
An estimated 945,100 industrial design applications containing 1,240,000 designs were filed worldwide in 2017.
In 2017, the China Office received applications containing 628,658 designs, corresponding to 50.6% of the world total. It was followed by the EUIPO (111,021), the KIPO (67,357), Turkey (46,875) and the USA (45,881). Among the top 20 offices, the fastest increase in industrial design counts occurred in the UK (+92.1%), Spain (+23.5%) and Switzerland (+17.9%).
Asia shows strongest design activity
Offices located in Asia accounted for more than two-thirds (67.9%) of all design applications filed worldwide in 2017; they were followed by Europe (24.4%), North America (4.2%), Africa (1.5%), Latin America and the Caribbean (1.2%) and Oceania (0.7%).
Furniture-related designs accounted for 10% of total filings, followed by clothing (8.5%) and containers (7.2%).
The total number of industrial design registrations in force worldwide increased by 5% to 3.75 million. Approximately 1.46 million were in force in China, followed by the Republic of Korea (339,350), the USA (321,314), Japan (254,060) and the EUIPO (210,605).
Plant varieties
China became the leading filing office in 2017, receiving 4,465 applications for plant variety protection, followed by the Community Plant Variety Office (CPVO) of the European Union (3,422), the USA (1,557), Ukraine (1,345) and Japan (1,019). In China, an increase of 52.8% was observed in 2017. Also in Ukraine (+5.6%), Japan (+4.3%) and CPVO (+3.7%) an increase was observed, while in the USA filings dropped from 2.9%.
Geographical indications
In 2017, there were 59,500 geographical indications in force worldwide. Geographical indications are signs used on products that have a specific geographical origin and possess qualities or a reputation derived specifically from their place of origin, e.g. Gruyère for a type of cheese or Tequila for a spirit.
Germany (14,073) had the highest number of geographical indications in force, followed by Austria (8,749), China (8,507), Hungary (6,646) and the Czech Republic (6,191). In each of the EU Member States there were 4,932 EU geographical indications in force.
Geographical indications in force relating to "wines and spirits" made up approximately 57% of the world total in 2017; they were followed by agricultural products and foodstuffs (28.2%) and handicraft products (2.7%).
Creative Economy
Revenues generated by three sectors (commercial, educational and scientific, technical and medical) of the publishing industry in 11 countries amounted to US$248 billion. China had the largest net revenue (US$202.4 billion); it was followed by the US (US$25.9 billion), Germany (US$5.8 billion) and the UK (US$4.7 billion).
Digital editions generated 28.3% of total commercial sector revenues in China, 23.5% in Japan, 18.4% in Sweden, 13.2% in Finland and 12.9% in the USA.
The U.S. sold 2,693 million copies of published titles in 2017; it was followed by the U.K. (647 million), Brazil (617 million) and France (430 million).
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Source: WIPO
A few weeks ago, very good news for Argentine agriculture was announced: drought-resistant soybeans reached the market. Now the same technology must be approved for wheat cultivation. In the meantime, on Thursday, November 15, a conference on the HB4 event will be held in the town of Pergamino. The slogan will be: "The event that changes the history of wheat is coming, and you can be in the front row".
With HB4 technology, discovered by Conicet researcher Raquel Chan, plants have a higher tolerance in periods of drought and a much higher yield. As a differential, this gene improves the ability of plants to adapt to stressful situations, without affecting their productivity.
In the case of HB4 wheat, although favorable opinions have already been obtained from both the National Advisory Commission on Agricultural Biotechnology (CONABIA) and the National Agrifood Health and Quality Service (SENASA), its release depends on the National Directorate of Agricultural Markets, which is analyzing the commercial impact of being the first country in the world to release a wheat with these characteristics.
The conference in Pergamino is organized by Trigall Genetics, a joint venture formed by Bioceres and the French firm Florimond Desprez to develop and commercialize wheat varieties with second generation biotechnologies in South America, and will focus on the agronomic prospects opened up by this new generation of wheat. In addition, some results of field trials on drought tolerance and weed control with Prominens® will be shown.
The complete program is detailed below:
10.30 am. Reception and accreditation.
11.00 hs. Presentation of HB4® technology.
11.45 am. Weed experts: New problems.
12.10 hs. Tour of HB4® Wheat demonstration plots.
13.00 hs. Panel discussion: "Genetically modified wheat in Argentina".
An administrative proceeding is established to replace the previous one, which was resolved in court.
It places the burden of initiating the process on the opponent, whereas before it was the applicant who was obliged to act.
Once the opposition has been notified, the parties will have a period of 3 months to seek an amicable solution to the conflict (previously the period was 1 year, from its notification).
Once the 3 months period has expired without the parties having reached an agreement, the INPI will notify the opponent so that within 15 working days he may pay a fee of $ 8,900.00 (ADMINISTRATIVE RESOLUTION OF CURRENT OPPOSITIONS – APPLICANT FEE – ART. 2° BIS OF RES. 183/18) and expand on the grounds of the opposition and offer the relevant evidence. Failure to pay the aforementioned fee will cause the opposition to lapse and will be considered by the Trademark Office as a warning.
Once the fee has been paid and the 15-day term has expired, the INPI will notify the trademark applicant, the opposition in force and the eventual extension of grounds, so that within 15 working days he may present his defense and offer all the evidence he deems necessary to help obtain his trademark.
In both cases, the documentary and instrumental evidence must be accompanied with the aforementioned documents. The other means of evidence offered, if accepted by the INPI, must be produced within 40 working days, a term that is common to both parties.
Upon expiration of the term of proof, the INPI will inform the parties giving them a common term of 10 working days so that, if they consider it necessary, they may submit final arguments.
At this stage, the parties may inform the INPI that they have agreed to submit the case to a mediation, conciliation or other alternative dispute resolution process. This notification will suspend the proceedings for 30 working days.
Upon expiration of the 10-day period or the 30-day period without an agreement having been reached, the INPI shall decide whether the opposition is well founded or not.
The decision of the INPI may be challenged before the Federal Civil and Commercial Court of Appeals of the Autonomous City of Buenos Aires within 30 working days of notification.
This resolution will become effective as from September 16, 2018, but in practice, all opposition proceedings that are currently pending will have to be adapted to the new administrative procedure.
FIFA Rights Holders only invest in the 2018 FIFA World Cup Russia™ if they are granted exclusivity as to the use of the Official Marks.
Without this exclusivity, i.e. if the Event brand were not protected and anyone could make use of the Official Marks and thus create an association with the Event at no cost, becoming a Rights Holder would be less attractive as the rights acquired would be significantly attenuated. This would make it more difficult for FIFA to appoint Rights Holders and in turn, FIFA may not be able to secure the necessary funding for the 2018 FIFA World Cup Russia™ with such revenues.
The protection of commercial rights is therefore fundamental to the staging of the 2018 FIFA World Cup Russia™ and FIFA requests non-affiliated entities to respect FIFA's intellectual property and to conduct their activities without entering into commercial associations with the 2018 FIFA World Cup Russia™.
OFFICIAL MARKS
FIFA has developed a number of logos, words, titles, symbols and other assets/marks/identifiers that are used in connection with the Event ("the Official Marks"). The Official Marks are protected in Russia and worldwide by copyright, trademark and/or other forms of intellectual property and laws such as unfair competition and passing off laws. Such laws protect FIFA against unauthorized use of both identical reproductions and variations and modifications similar to the Official Marks to the extent that they create confusion with the Official Marks.
Use of the Official Marks is only permitted with the permission of the FIFA Rights Owners.
Architects of Change: Women in Innovation and Creativity
Every April 26, we celebrate World Intellectual Property Day to learn about the role that intellectual property rights (patents, trademarks, industrial designs, copyright) play in fostering innovation and creativity.
This year's World Intellectual Property Day campaign celebrates the talent, ingenuity, curiosity and courage of the women who are driving change in our world and shaping our common future.
Every day, women are inventing groundbreaking inventions, as well as creations that improve and transform people's lives and advance human understanding in fields ranging from astrophysics to nanotechnology, medicine, artificial intelligence and robotics.
In the creative realm, whether in film, animation, music, fashion, design, sculpture, dance, literature, art and other fields, women are reinterpreting culture and testing the boundaries of artistic and creative expression, taking us into new worlds of experience and perception.
The significant and encouraging contributions of countless women around the globe are the architects of change in our world. Their perseverance is a source of inspiration to us all, while their impressive achievements are an invaluable legacy for today's young women who aspire to become tomorrow's inventors and creators.
Today, more women than ever are assuming leadership roles and making their voices heard in the fields of science, technology, business and the arts. This is good news. Working in unison, women and men strengthen the capacities of humanity and enhance our own ability to enrich the common cultural heritage and find effective solutions to alleviate poverty, promote global health and safeguard the environment.
It is time to think about how to engage more and more women and girls around the world in innovation and creativity, and how important it is.
This year's celebration of World Intellectual Property Day is an opportunity to highlight how the intellectual property (IP) system can support innovative and creative women (and, indeed, all people) as they strive to bring their extraordinary ideas to market.
Join the conversation with #worldipday and tell us about those change-makers, inventors and creators near you.
Source: WIPO
CHAPTER VIII
TRADEMARKS AND PATENTS
That it is necessary to modify the requirements of the procedures contained in the Laws under the competence of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY, No. 24,481 -on Patents of Invention and Utility Models-, No. 22,362 -on Trademarks and Designations-, and in Decree-Law No. 6. 673/63 -on Industrial Models and Designs-, with the purpose of providing efficiency and quality in the rendering of services provided by the agency, proposing especially to reduce the burdens weighing on those administered, shortening the term in the procedures in order to avoid unnecessary delays in the final resolution, tending to the reduction of bureaucracy in the procedures and the adaptation in the presentation of documents to the digital platforms used by the agency and those under development to be implemented in the short term in the Institute, thus facilitating access to the general public to the registration of those intangibles, especially to innovators, small entrepreneurs and small and medium-sized enterprises, who usually access for the first time to obtain industrial property rights.
That, in the field of Patents of Invention and Utility Models, it is necessary to adjust procedural terms and the reengineering of certain processes, in order to generate greater commercial productivity on a global scale for innovators, small entrepreneurs, Small and Medium-sized Enterprises and national companies.
That, in the trademark field, it is appropriate to implement an administrative procedure for the parties, prior to the judicial instance, for the treatment and resolution of the oppositions to the trademark registration applications, simplifying the system, reducing terms in the obtaining of the resolutions, for the benefit of the administered and the system in general, As well as in the Models and Designs that, with the proposed amendments, users will be able to file multiple applications for registration per file, adopt new technologies in the way of filing drawings, and request the postponement of publication, a very useful issue to protect the industrial model or design before its effective commercialization.
That all this translates directly into a simplification of regulations and of the registration process.
For the first time, figures reveal that nearly one-third of the value of manufactured goods sold worldwide derives from "intangible capital," such as branding, design and technology, according to a WIPO study of the global value chains that companies use in their production.
That amount, approximately US$5.9 trillion in 2014, highlights that the contribution of intangible capital to the total value of manufactured products is more than double that of buildings, machinery and other forms of tangible capital. This highlights the increasingly important role of intellectual property, which is frequently used to protect intangible and related assets in the global economy.
The "World Intellectual Property Report 2017: Intangible Capital in Global Value Chains" (the 2017 Report) analyzes what portion of income is accounted for by labor, tangible capital, and intangible capital in production through global value chains across the spectrum of manufacturing activity, which accounts for a quarter of total global economic output, with case studies focusing on coffee, solar panels, and smartphones. To present such economic information, it examines national-level accounts and international trade statistics from around the world, as well as data drawn from companies.
"Increasingly, intangible capital will determine the fate and fortunes of companies in today's global value chains; it is behind the appearance, perception, functionality and overall appeal of the products we buy and is the determinant of success in the marketplace," said WIPO Director General Francis Gurry. "Intellectual property, in turn, is the means by which companies use to secure the competitive advantage they derive from their intangible capital."
Source of the publication: WIPO (World Intellectual Property Organization).
The presentation took place in Santa Cruz de la Sierra; it has been carried out jointly by the Government and the business community. It was mentioned that the basic purpose of the "country brand" theme is to promote Bolivia's potential to the rest of the world.
In this regard, four fundamental pillars to be promoted were mentioned: a) investments; b) production; c) culture and tourism; d) international relations. It was also informed that the country brand that was presented was designed by a specialized company of worldwide prestige. Together with the slogan "Bolivia, heart of the south", the logo includes four hearts drawn with figures of traditional fabrics, in red, yellow, green and blue. It was explained that red signifies the strength and drive for productivity and exports; yellow represents Mother Earth and mineral wealth; green implies biodiversity, culture and tourism.
Blue, it was said, represents the legitimate desire to return to the sea, as well as a way of being clear and open in the field of international relations.
The Minister of Communication, Gísela López, explained that the brand was the result of a perception study conducted by an international firm, which determined the need to locate Bolivia geographically and that precisely this strategic location, in the heart of South America, is what gives the country a unique identity, she said.
It is known that some sectors and people have criticized the design but, in general terms and beyond those details, we can say that this consensus between private enterprise and government to launch a country brand has been really auspicious. It reflects the common capacity to agree on a common goal focused on achieving a better image of Bolivia and encouraging investments.
Likewise, the country brand positions our country internationally, at the same time that it will serve to promote various exportable products and goods. Its presentation in the eastern capital has been significant, since the largest national economic force is located here.
Hopefully this agreement between the private sector and the authorities can be achieved in other additional areas of common interest, so that long-term policies can be established to promote the development of Bolivia, attract tourism and capital, while presenting a positive vision of Bolivia in the international context.
Source: El Deber (Bolivia)
Video: Marca Bolivia
He does not believe he is a powerful man. Shy, humble and above all passionate, this businessman who believed in Peruvian flavor long before the gastronomic boom of recent years is convinced that Peru is an investment paradise.
If Peruvians love Inca Kola and you are the owner, am I in front of one of the most powerful men in Peru?
I don't feel powerful. I was 5 years old when the drink was born and, of course, I feel identified as all Peruvians do.
Were you a naughty boy?
No, remember that I belong to a British family that had rules. I remember when I was 5 years old my father used to tell me: come with me to count in the truck, and that's where I went. My obsession as a child was to drive trucks, that's what I wanted: to deliver.
And did you drive trucks?
Of course! I started delivering when I left school. At the age of 18 I was already driving all over Surquillo and Barranco, I also went to La Punta. It was a fight to get clients and I would deliver.
Then it started from the bottom...
The whole family did the same, this is our school, our university, our passion. The effort was artisanal, remember that there was not even refrigeration. It used to be a different world.
In these years, what is the invention that has surprised you the most?
A lot of things. I remember when I was a kid Dick Tracy had a watch and talked on the radio, then came James Bond with his car and his incredible things and now look at everything that has a cell phone. It's amazing technology.
And how did they survive? Many families gouge their eyes out for money?
God willing, we have reached the age of 100 with the family always united and with the motto that my father once put in place: do things right, behave well and always love each other. These are elementary principles that we follow. It's in our blood and the workers are our family.
What did your father used to say?
That we are all equal, that we should all respect each other and help each other. That was the slogan, and there was no way to get the upper hand because everyone put their shoulder to the wheel. Dominance should never be abused, never. Respect keeps respect, that is my rule.
Do you accept opposing opinions?
All day long, it's good to discuss. Mistakes teach you to listen.
Was it a mistake to sell your shares to Coca-Cola?
That is a misinterpretation that was manipulated in a self-serving way. This is a strategic partnership, it meant partnering with the first soft drink producer in the world that no one had ever had before. Inca Kola was our inherited good and we thought: who could have it for life? Coca-Cola, who has the number one beverage in the world. We succeeded. The king of the world asked us to be partners, and this has not been repeated.
So 50% is yours and the other 50% is Coca-Cola's?
No, they have about 40%, we have more than 50%; and the rest, relatives and other companies.
The negotiation lasted three years.
Yes, and they accepted our proposals. To reassure our doubts, we interviewed as many Peruvians as we could to find out what they thought of the alliance with Coca-Cola. The result was that we deserved it.
Have you given your secret formula to Coca-Cola?
Exactly, in what better hands could it be? We had to think about tomorrow. Coca-Cola is 125 years old and still living, we are 75 years old this year, it was the best thing we could do. It was putting the most valuable thing we had in the safest hands in the world. We fought well from the beginning and everything that has come afterwards are imitations, both from Coca-Cola and Inca Kola, what they have done afterwards is basically to imitate.
Tell me the secret...
The secret is that the flavor cannot be identified, it is yellow because of the Peruvian gold, but its flavor cannot be deciphered. Whether you like it or not is another matter.
Then you will not tell me the recipe.
The important thing is that you like it and if you like it you already have your recipe.
Why didn't Coca-Cola manage to beat Inca Kola?
We learned from them how to manage the market, we advanced over time and we cannot deny it: Coca-Cola was the school. The other thing was our taste. I don't know how to ham myself, but I can say that the construction of the brand through advertising had a great impact.
Who came up with the phrase "National Flavor Drink"?
It was a small group that developed...
Don't be so humble, then. Tell me how you came up with it?
No, well, we have always worked together, I was thinking about how to coin a phrase. The one I have engraved in my mind for the rest of my life is: "There is only one Inca Kola and it is not like any other". That came true. Once we got its own image, we played with the national flavor because the drink goes with all foods.
And if I kidnap him today and we go to lunch, what do we eat?
We would have to go with the nurse, ha, ha, ha, ha. I tell you an anecdote about lunches. When we just started we would go to restaurants, there were about 12 of us and we always ordered the best dishes, then we would ask for Inca Kola to drink and if there was none we would leave, after a while one of our salesmen would come and offer us the drink, of course they would buy it. We did it many times, it was a way to increase demand. The waiters loved us...
What do you drink now: Inca Kola normal or diet?
I never drank anyone's diet drink, but when we launched ours I tried it. I remember Gastón told me that Inca Kola diet was a real diet because the taste had not changed. It took us five years to get to the taste, we did not hurry until we achieved it, we did not want it to leave that residue that is in the others.
So you don't mind delaying until you get what you want.
You have to feel that things are right before you take a risk. You shouldn't rush.
Why do you think you managed to get into the hearts of Peruvians?
Because we knew how to communicate that we felt part of the country. During the times of terrorism we said that Inca Kola was the flavor that unites us, we gave encouragement; when the times of pain passed, it was the flavor of joy, it was the party. In the face of imitations, we communicated that Inca Kola is the Peruvian flavor, we always made that distinction, we always felt proud of Peru.
Long before the gastronomic boom, you were proud of Peruvian food...
I always liked Peruvian food; besides, we wanted to find a channel that we all associated with, we felt that we were a flavor whose value was Peru.
You are 80 years old, Inca Kola is 75 years old, your corporation is 100 years old, how do you see Peru?
I believe that today all countries are optimistic about their development, but Peru has shown that it has withstood the crisis better than anyone else; we are an example. Peruvians are hard workers, we like to grow, I see it. There are very enterprising people in the country and if we have maintained our position for a hundred years it is because of hard-working people; we are grateful for that. I believe in Peru, we have fought to move forward and we continue to do so.
Have you ever felt like the master of the world?
My first look in the mirror every morning is the same: I always tell myself that I am nothing, that I must keep working, that I am like everyone else. If I thought I was the best, I'd be thrown out of the company for sure. We have three thousand workers who don't know about positions or complexes. A businessman has to respect his collaborator, and it is not a pose, it is a value that must prevail.
There are people who get dizzy with power and money....
I can only tell you that I was born here, that I come here every day, how can I forget that, how can I become different? There is no way. There are people who, without having anything, are very arrogant and I imagine that they are genes or things they have learned.
They say you are shy.
Shyness could be categorized in two ways, one is not existing, the other is not seeking to stand out, I belong to the second one.
What advice would you give to a young person who dreams of success?
I would tell him to define his dream well because there are many opportunities and the rhythm is very strong. He should think very carefully about what he wants to do because whatever he chooses will have competition and for that you have to learn and work hard. The one who prepares the most is the one who has the most options, that is why today education and technology are essential. And the most important thing: to undertake something you have to know that you can succeed. Wanting to succeed, that's the point.
What part of Peru have you not yet reached?
The Angel.
Ha, ha, ha, ha, ha, ha, to the cemetery?
Ha, ha, ha, ha. We have reached all of Peru, but we also understand that there are regional drinks. We want to grow more and that is our current goal. It is not easy to reach the remote provinces. Peru is an investment paradise.
Maruja, your sister (*), did she delegate everything to you?
Noooooooo, she has her family, her children, she worked a lot.
Didn't she tell you to make me a millionaire?
Ha, ha, ha, ha, noooooooo, what a bah. Neither, neither, if she told me that I would have told her to work and not to trust too much. She was very committed. I don't understand women who don't work, I don't understand people who don't do anything. And look, today two women are trying to be president of Peru.
What does Johnny Lindley believe in?
In the most elementary: I believe that there is a God and that one can take refuge in him. When I get up, the first thing I do is ask him for energy, that everything goes well during the day. We all, whether we say it or not, feel the same way: we want to do well.
And what bothers you?
I have no grudges or resentments because if you keep the discomfort you poison your soul unnecessarily. If you think you are always right, it complicates things.
Nothing bothers you?
That's when I look in the mirror again, when I think something bothers me about others I look to see if I haven't fallen into the same thing. The mirror always tells you how you are. You can stumble, but you have to know how to get out.
This interview will be read by thousands of Peruvians who have tasted your drink, do you want to tell them something?
I just want to say that we are in a great country, that we have to take advantage of opportunities. Our main duty is to move Peru forward.
Source: (*) Interview published in the newspaper El Comercio (Peru) on 11/14/2010. His sister Maruja passed away two days after the interview.
From September 18 to 22, LACNIC28, the meeting organized by the Internet Address Registry for Latin America and the Caribbean will be held in Montevideo, Uruguay, as part of the celebration of its 15th anniversary. In addition, LACNOG 2017 will take place, followed by the Hackathon Montevideo.
LACNIC's event, which is held twice a year in different parts of the region, brings together different stakeholders of the Internet Ecosystem of Latin America and the Caribbean. The 28th edition, to be held from September 18 to 22 in Montevideo, will feature an agenda rich in diversity of proposals, including a panel on the implementation of the Internet of Things - IoT and another on the Future of the Internet: Digital Divide, among others. There will also be meetings of CSIRTs - Security Incident Response Teams - from the region and different tutorials to train those interested in IPv6 and other technologies. Through the different activities, the impact of the Information Society in Latin America and the Caribbean will be analyzed, as well as the status of the Internet of Things or IoT in the region and the future of the Internet.
It is worth mentioning that LACNIC is celebrating its 15th anniversary and that is why it is taking advantage of the LACNIC28 meeting to celebrate its trajectory together with global leaders and key players of the region's Internet community.
On the other hand, as in previous editions, LACNOG 2017, the Latin American and Caribbean Network Operators Forum, will be held within the same framework. It is characterized by the exchange of information and technical experiences among the actors of the region.
In addition, on September 23 and 24, the Hackathon Montevideo will be held, organized by LACNIC in collaboration with AGESIC, Uruguay's Agency for the Development of the Government of Electronic Management and the Information and Knowledge Society. The objective of the event is for network operators to work with programmers and other users in the development of novel tools.
Sources: Lacnic / Lacnog / Nic Argentina
The Directorate of Distinctive Signs of INDECOPI, certified via resolution in the Trademark Registry the registration of the denomination "National Stadium of Peru", its logo and model, in a process initiated by the Peruvian Institute of Sports (IPD).
It should be noted that on May 24 of this year, the IPD applied for the registration of the service mark consisting of the denomination "Estadio Nacional del Perú" and logo, according to the model, to distinguish services in class 41 of the International Classification.
The present registration is protected by law for a term of ten years, counting from the date of issuance of the resolution.
Source: IPD (Peruvian Institute of Sports).
10 Frequently Asked Questions for Trademark Registration
In this way, we are launching a specific area that arises from the joint work between the National Institute of Music (INAMU) and NIC Argentina with the aim of providing Argentine music with its own space on the Internet under a national imprint.
The presentation organized by INAMU, which took place at the "David Viñas" Auditorium of the Museum of Books and Language, was attended by Diego Boris, President of the National Institute of Music (INAMU), Julián Dunayevich, National Director of NIC Argentina and representatives of the different music sectors. Also present was Enrique Avogadro, Secretary of Culture and Creativity of the National Ministry of Culture. During the meeting, both organizations, NIC Argentina and INAMU, signed an agreement to create the specific zone.
The '.musica.ar' domains may only be registered by those Users authorized by INAMU. INAMU will be the competent body in charge of validating that behind a '.musica.ar' domain there is always an identifiable person or group, registered in the Sole Registry of Musicians and National Musical Groups, or in the Registry of Musical Activity that INAMU administers.
In this way, solo musicians, ensembles, media, live music venues, recording studios, teaching institutions, record companies, record shops and all the actors that make up the musical activity in our country will have the possibility of being immediately identified on the Internet.
During the presentation, Julián Dunayevich emphasized that "what we are looking for is an Internet growth model, we do not want to fill up with domains just for the sake of it". On the other hand, he mentioned that "having zones or domains that speak of our national identity in a space as important as music is an excellent starting point for what we want to do at NIC".
Diego Boris commented that "this initiative is not only for musicians, it is for all the musical activity in Argentina". He also mentioned the number of organizations, associations, unions and music referents that supported this project, such as Lito Nebbia, Soledad Pastorutti and Nito Mestre, among others. The domain registration will be enabled soon.
Source: Nic Argentina
These are the wishes of our work team for our clients, associates, collaborators, suppliers, family and friends.
Wishing them good luck in their future projects, and gratitude for their trust placed in our company.
Merry christmas and happy new year 2017 / 圣诞快乐,新年快乐2017年 / Joyeux Noël et Bonne Année 2017, メリークリスマス
Congratulations!!!
The National Directorate of Copyright (DNDA) of the Ministry of Justice and Human Rights participated in the thirty-third session of the Standing Committee on Copyright and Related Rights (SCCR) held in Geneva, Switzerland from November 14 to 18, 2016.
During five days, the Committee made up of member states of the World Intellectual Property Organization (WIPO) and the Berne Convention for the Protection of Literary and Artistic Works, analyzed the protection of broadcasting organizations, limitations and exceptions to copyright in the educational field, how these rights work in the digital environment, and other issues related to the economic rights granted to authors by law.
The Argentine delegation presented an initiative that promotes the creation of an international framework to encourage cultural creation and education. It is a proposal that contemplates rules for the international dissemination of digital copies for educational purposes without infringing the copyright of these digitized works.
In this regard, the head of DNDA, Gustavo Schötz, said that several countries were interested in the proposal since "the current context of advancement of technologies and communications requires that we must think of new ways to respect copyright and related rights. Our project aims to favor education and the dissemination of culture but without harming the creators of the works".
For further information on the Argentinean delegation's proposal, please click on the following link: http://www.wipo.int/edocs/mdocs/copyright/es/sccr_33/sccr_33_4.pdf
Source: National Ministry of Justice
2.9 million patent applications in 2015, with strong growth in China. Demand for other Intellectual Property rights is also on the rise.
Innovators in China drove a new record in 2015 in the number of patent applications filed worldwide, filing more than one million applications in a single year for the first time, amid rising global demand for intellectual property (IP) rights that underpin economic activity.
In total, innovators around the world filed nearly 2.9 million patent applications in 2015, representing a 7.8% increase over 2014 and the sixth consecutive year of rising demand for patent protection, as reported in WIPO's annual World Intellectual Property Indicators report.
Trademark applications increased by 15.3% to nearly 6 million in 2015, while industrial design applications increased by 2.3% to 872,800.
BUENOS AIRES, November 10, 2016.
IN VIEW OF Law No. 26,230 and INPI Resolution P 297/12, INPI File No. 253-83243/16, and WHEREAS: That Law No. 26,230 of March 28, 2007 approved the Nice Agreement concerning the international classification of goods and services for the registration of trademarks.
That by Resolution P 297/12 of November 28, 2012, the Nice Classification in its 10th Edition in its 2013 Version entered into force.
That, as signatories, we must adopt the different editions of the classification contemplating the possibility of adhering to its latest revisions.
That last July the World Industrial Property Organization notified this National Institute of Industrial Property of the modification of the 10th Edition of the Nice Classification by decision adopted by the Committee of Experts as from January 1, 2017.
That the 11th Edition of the Nice Classification, as provided for in Article 4 of the Nice Agreement will enter into force six months after the date of dispatch of the notification, reason for which the obligation arises to adopt the edition to be applied as from January 1, 2017.
That it is therefore necessary to proceed to the issuance of an administrative act so that this National Institute formally implements the appropriate procedure and framework for trademark registration applications in accordance with the necessary harmonization of international standards imposed by the A.D.P.I.C. Agreement.
That the National Directorate of Trademarks and the Directorate of Legal Affairs have taken the intervention within their competence.
WHEREAS, this Decree is issued in exercise of the powers conferred by the legal provisions in force.
Therefore, THE PRESIDENT OF THE NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY RESOLVES:
ARTICLE 1.- To adopt the 11th Edition of the Nice Agreement for the International Classification of Goods and Services for the registration of Trademarks, which is attached hereto as Annex I and forms an integral part hereof.
SECTION 2.- The entry into force will be from January 1, 2017, previous publication for one (1) day in the Official Bulletin of the Argentine Republic, in the Trademark Bulletin and in the INPI's web page.
SECTION 3 - The National Directorate of Trademarks is hereby empowered to issue such rules as it may deem necessary in order to lead to the best application of the regulation that is hereby put into effect.
SECTION 4 - Register, send to the National Directorate of the Official Registry for its publication and file.
RESOLUTION Nº: P-108
Argentine .net.ar domains will be available for registration by any user, so they will no longer have prerequisites, from November 1, 2016.
The .net domain name is a domain used in the Internet Domain Name System. Its name derives from the English word "network," meaning network, indicating that it was originally intended for organizations related to network technologies, such as Internet service providers and other infrastructure companies.
The name is still popular among network and IT operators. It is also an abbreviation for "network".
If you have a company, business, enterprise dedicated to commercial services of computer products and services, it is a good opportunity to register this referential extension of the web market.
To register your domain write to us at the following link
Current Regulation 110/2016 of Web Domains in Argentina
Our services are integral, in each management and application for a trademark and include:
Consult that an Agent will contact you.
Index is a joint publication of WIPO, Cornell University and INSEAD. The 2016 Index examines the impact of innovation-driven policies on economic growth and development. High-income and developing countries alike are pursuing innovation-led growth through different strategies.
Some countries are succeeding in improving their innovation capacity, but others continue to struggle to do so. Switzerland, Sweden, the UK, the US, Finland and Singapore are the world's most innovative economies in 2016; China moves into the top 25.
Download report (available in English language).
Source: WIPO
Videos uploaded to YouTube are analyzed and matched against a database of files sent to us by content owners.
Copyright owners decide what happens when the content of a YouTube video matches a work they own. When this situation occurs, the video receives a claim.
What options do copyright owners have?
Copyright owners can take several actions on matching material:
Mute the audio that matches their music.
Block an entire video from being viewed.
Monetize the video through advertisements and, in some cases, share revenue with the person uploading the video.
Track video playback statistics.
Who can use Content ID?
YouTube only grants access to Content ID to copyright owners who meet specific criteria. To be approved, they must own exclusive rights to a substantial amount of original material that is frequently uploaded by the YouTube user community. YouTube also sets explicit guidelines on the use of Content ID. We monitor Content ID usage and challenges on a regular basis to ensure that guidelines are followed.
Content owners who repeatedly make erroneous claims may have their access to Content ID disabled, and their association with YouTube may be terminated.
If you are a content owner and believe your content meets the criteria, you can submit a request for Content ID.
Source: YouTube
Canada is the 20th country to accede to the Marrakesh Treaty to facilitate access to published works for people who are blind, visually impaired or otherwise print disabled. With this, the Treaty will enter into force in three months' time, on September 30, 2016.
"This is very good news for visually impaired persons as well as for the multilateral intellectual property system. Once widely adopted around the world, the Marrakesh Treaty will create the framework that will open the doors to reading and knowledge in a more equal and inclusive way for people who are blind or visually impaired," said WIPO Director General Francis Gurry, adding, "I urge as many countries as possible to ratify the Treaty so that the benefits of the Treaty are available to those who need them."
"I am honored that Canada is among the countries that have brought the Marrakesh Treaty into force internationally. Together we are creating a more accessible world for people living with disabilities," said Navdeep Bains, Canada's Minister of Innovation, Science and Economic Development. He added that "the treaty's entry into force will mark the final step in the long march towards a more inclusive world in which people with visual impairments or other print disabilities can fully and actively participate in society and realize their full potential.
For her part, Ms. Carla Qualtrough, Canadian Minister of Sport and Persons with Disabilities, stated that "today is a great day in Canada's history as we become the 20th country to accede to the Marrakesh Treaty, enabling its entry into force. I am proud that our government is championing the interests of Canadians with disabilities and providing those who have difficulty reading print with more equal access to published material in accessible formats," adding that "now that the entry into force of this treaty has become a reality, Canadians will have more accessibility and choice within their communities and workplaces."
Canada's accession was preceded the previous day by those of Ecuador and Guatemala. Mr. Gurry paid tribute to the Latin American countries as they currently make up half of the number of contracting parties.
India was the first country to ratify the Treaty on June 30, 2014. "India is pleased that the 20 ratifications required for the entry into force of the Marrakesh Treaty have now been reached," said Mr. Ajit Kumar, Ambassador and Permanent Representative of India to the United Nations Office and other international organizations based in Geneva.
Expressing the hope that more countries would join these 20, he added that from now on "we will begin to see the real and tangible benefits that the Treaty offers to blind and visually impaired people around the world." More than 75 WIPO member states have signed the Treaty, which was adopted on June 27, 2013 by a diplomatic conference organized by WIPO in Marrakesh under the auspices of the Kingdom of Morocco.
Twenty accessions or ratifications are required for the Treaty to enter into force. The first 20 countries to ratify or accede were: India, El Salvador, United Arab Emirates, Mali, Uruguay, Paraguay, Singapore, Argentina, Mexico, Mongolia, Republic of Korea, Australia, Brazil, Peru, Democratic People's Republic of Korea, Israel, Chile, Ecuador, Guatemala and Canada.
June 30, 2016 is also the date of the second anniversary of the Accessible Books Consortium (ABC), which was created to implement on a practical level the objectives of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, through work in three areas: sharing technical capacities in developing and least developed countries to produce and distribute books in accessible formats, promoting inclusive publishing, and creating an international database for the exchange of accessible books.
The Marrakesh Treaty - An end to the "book famine".
The Marrakesh Treaty aims to remedy the "great book shortage" by requiring Contracting Parties to adopt provisions in their respective national laws to enable the reproduction, distribution and making available to the public of published works in accessible formats, such as Braille, through the application of limitations and exceptions to the rights of owners of copyrighted works.
It also provides for the cross-border exchange of copies in accessible formats through organizations that meet the needs of persons who are blind, visually impaired or otherwise print disabled. It also harmonizes limitations and exceptions so that these organizations can operate across borders. By eliminating duplication, the exchange of copies in accessible formats should increase the overall number of works available and increase efficiency.
For example, instead of five countries producing accessible versions of the same work, those five countries could produce an accessible version of a different work, which they could then exchange among themselves. The Treaty also seeks to assure authors and publishers that the system will not expose their published works to misuse or distribution to third parties other than the intended beneficiaries.
The Treaty reiterates the obligation to limit the cross-border exchange of works on the basis of limitations and exceptions to certain special cases that do not interfere with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.
Background for the Drafting
According to the World Health Organization, there are some 285 million blind and visually impaired people in the world, 90% of them in developing countries. The results of a 2006 WIPO survey revealed that fewer than 60 countries have provisions in their national copyright laws for special limitations and exceptions for the visually impaired, for example, for Braille, large print or digital audio versions of copyrighted texts.
According to the World Blind Union, of the several million books published each year worldwide, less than 10% are made available to visually impaired people in accessible formats.
Download Treaty
Source: WIPO
The International Classification of Goods and Services for the Purposes of the Registration of Marks was established by virtue of an arrangement concluded at the Diplomatic Conference held in Nice on June 15, 1957, revised in Stockholm in 1967 and in Geneva in 1977, and amended in 1979.
The countries party to the Nice Agreement constitute a Special Union within the framework of the Paris Union for the Protection of Industrial Property. These countries have adopted and apply the Nice Classification for trademark registration purposes. For the purposes of trademark registration, each country party to the Nice Agreement is required to apply the Nice Classification, either as a principal or as a subsidiary system, and to indicate in the official documents and publications relating to its trademark registrations the numbers of the classes of the Classification in which the goods and services for which the marks are registered are included.
The application of the Nice Classification is not only mandatory for registering trademarks at the national level in the countries party to the Nice Agreement, but also for the international registration of trademarks carried out by the European Union Intellectual Property Office (EUIPO), the African Intellectual Property Organization (OAPI), the Benelux Organization for Intellectual Property (BOIP), the International Bureau of the World Intellectual Property Organization (WIPO), and the African Regional Intellectual Property Organization (ARIPO). The Nice Classification is also applied in several countries that are not party to the Nice Agreement.
Revisions of the Nice Classification
The Nice Classification is based on the Classification established in 1935 by the United International Bureaux for the Protection of Intellectual Property (BIRPI), predecessor of WIPO. That Classification, comprising a list of 34 classes and an alphabetical list of goods, was the one adopted under the Nice Agreement, and was later extended to include 11 classes of services and an alphabetical list of such services. The Nice Agreement provides for the establishment of a Committee of Experts in which all countries party to the Agreement are represented.
The Committee of Experts decides on all changes to be made to the Classification, in particular the transfer of goods or services from one class to another, the updating of the alphabetical list and the incorporation of the necessary explanatory notes. Since the entry into force of the Nice Agreement on April 8, 1961, the Committee of Experts has held 25 sessions, and counts among its most important achievements the general revision as to the form of the alphabetical list of goods and services (in the late 1970s); the substantial modification of the text of the general remarks, class headings and explanatory notes (in 1982); the addition of a "base number" for each product or service in the alphabetical list (in 1990), enabling the user to easily locate the equivalent product or service in the alphabetical list of the various language versions of the Classification, as well as the revision of class 42, with the creation of classes 43 to 45 (in 2000).
During its twenty-fifth session, held in April 2015, the Committee of Experts, which now holds annual rather than five-yearly sessions, adopted the changes to be introduced in the tenth edition, 2015 version of the Nice Classification.
Editions of the Nice Classification
The first edition of the Nice Classification was published in 1963, the second in 1971, the third in 1981, the fourth in 1983, the fifth in 1987, the sixth in 1992, the seventh in 1996, the eighth in 2001, the ninth in 2006, and the tenth in 2011. Since 2013, a new version of each edition has been published annually. The current version is the 2016 version of the tenth edition. It entered into force on January 1, 2016.
Source: (WIPO)
See list of classes at miregistrodemarca.com
The importance of Trademark Registration
Every trademark exposed in a market is continuously observed by the competition and they can take advantage of any oversight to take advantage of your prestige, advertising investment, construction of brand identity, which you have developed with a lot of effort. On the other hand, your clients are induced to have brand confusion.
What to do about it, ask for a trademark background search as soon as possible, in order to know if the trademark is still available in the fields of use and start the application.
Trademarks are an acquired right, for whoever or whoever (individual or legal entity) applies for it first. You do not obtain this right by having a registered web domain or social network page.
Many pages and domains are deregistered or transferred to those who have registered a trademark, since it is a legally acquired right. However, not all companies, SMEs, entrepreneurs, take the precaution of protecting it.
The advice through trained professionals, to manage it, to frame it in the trademark nomenclature and to guard it will be very useful for your projects.
MIREGISTRODEMARCA.COM, works daily keeping a control of those trademarks requested by our clients and observing the applications of third parties to guard them, during the whole registration process. Once the trademark is granted during its validity, which is 10 years renewable, we will carry out the surveillance.
A trademark is "an investment and an asset", which provides companies with an important "added value", in addition to building customer loyalty.
Thank you for sharing this article.
For more information visit our section TRADEMARK REGISTRATION.
Every April 26, we celebrate World Intellectual Property Day to learn about the role that intellectual property rights (patents, trademarks, industrial designs, copyright) play in fostering innovation and creativity.
This year, we examine the future of culture in the digital age: how it is created and accessed and how it is financed.
This year, we examine the future of culture in the digital age: the way it is created and accessed and the way it is funded.
We will look at how a flexible intellectual property system helps to ensure that those working in the creative sector, and artists themselves, are adequately paid for their work so that they can continue to create.
Sunrise in Caracas: a writer wakes up, inspired, and writes something down on her tablet; she sends the idea to her partner, who is in London rehearsing in a West End theater. Words, images, plots and dialogues come and go.
The script for a new series - global pandemic, drug war, political intrigue - arrives in the mailbox of a Hollywood executive producer, who calls his contacts in Dubai, Mumbai, Beijing and Berlin. Deals are sealed, funds are raised, distribution channels are decided.
Filming begins: exteriors in Ouarzazate, interiors in Brooklyn, special effects from Bangkok. The soundtrack is added: an effervescent mix of Rio de Janeiro rhythms and Lagos winds, with a touch of Prague strings.
The theme song goes viral as fans watch the series online, on screens of all sizes, from every corner of the world... Movies, TV, music, books, art, video games - in short, cultural works - have long known no borders; but the Wi-Fi era is transforming the way consumer culture is created, distributed and enjoyed in markets that expand far beyond territorial boundaries.
Increasingly accessible digital technologies have erased physical boundaries at a stroke, placing a world of cross-cultural collaboration at the fingertips of artists and creators, nurturing imaginations in new ways. And this flourishing of digital creativity benefits the digital consumer.
We read, watch and listen to the works of countless creators from around the world wherever, whenever and however we can think of. A new way of looking at culture - the way we create it, the way we access it, and the way we finance it - is a challenge. And the challenge of a flexible and adaptable intellectual property system is to help ensure that the artists and creative industries of our digital universe are properly compensated for their work, so that they can continue to create.
On March 15 and 16, Mr. Pedro Roffe, an independent consultant hired by the World Intellectual Property Organization (WIPO), will visit the Institute to analyze the impact of the actions carried out by the international organization in the implementation of the recommendations of the Development Agenda.
Roffe is part of a team of consultants that conducted similar missions in Thailand, Egypt, Ethiopia and Moldova, with the purpose of reviewing the implementation of the aforementioned recommendations and the level of impact, efficiency, effectiveness and sustainability of the activities carried out.
During the meeting, the President of INPI stated: "the actions undertaken by WIPO in the area of technical assistance and training, in compliance with the recommendations of the Development Agenda, have had a certain impact in developing countries. However, there has not been a substantial transformation of the institution itself in response to them.
Development issues related to industrial and intellectual property have been confined to the Committee on Development and Intellectual Property itself, so it is necessary to return to the original purpose of the proposals made by Argentina and Brazil in 2004. Among the achievements of the Agenda, it is necessary to highlight the implementation of education and training programs, reaching developing countries, least developed countries and countries with economies in transition. In this regard, during 2014, WIPO awarded approximately 100 scholarships to facilitate the access of beneficiaries from developing countries to university courses and degrees specialized in IP.
As regards our country, the INPI, together with the Universidad Austral and with the support of WIPO, carries out the Regional Master's Degree in Intellectual Property. During its 2013, 2014 and 2015 editions, 46 scholarships were awarded to young Latin Americans to attend the course.
Also, three editions of the Training Seminar for IP Trainers were held (2013, 2014 and 2015), in which more than 150 professionals were trained. In addition, one of the programs created within the framework of the WIPO Development Committee was Diseñar, developed and implemented in Argentina as a pilot phase. Under this program, 42 design-related SMEs in Argentina were offered consulting services to generate a comprehensive business plan that included intellectual property.
After a rich exchange of ideas, it was concluded that there is currently a need for a renewed commitment on the part of developing countries to revive the initiative.
Background
Argentina is one of the proponents of the Development Agenda and, together with Brazil, presented the first proposal for the creation of a WIPO Development Agenda at the 2004 General Assembly (GA), which was supported by 13 other developing countries. Among the arguments put forward in support of the proposal were: "Intellectual property protection is a policy instrument that in practice can generate variable benefits and costs depending on the level of development of each country.
Hence, measures need to be taken in all countries to ensure that the costs do not outweigh the benefits offered by intellectual property protection."
Source: INPI Argentina
International Working Women's Day, also called International Women's Day, commemorates the struggle of women for their participation, on an equal footing with men, in society and in their full development as individuals.
It is celebrated on March 8. It is a national holiday in some countries.
The first celebration of the International Working Women's Day took place on March 19, 1911 in Germany, Austria, Denmark and Switzerland, and its commemoration has been extended since then to many countries.
In 1972 the General Assembly of the United Nations (UN) declared 1975 International Women's Year and in 1977 invited all states to declare, in accordance with their historical traditions and national customs, a day as International Women's Rights and International Peace Day.
To our Clients, Associates, Collaborators, Suppliers, Family and Friends; receive our best wishes of success in your projects from our work team. MIREGISTRODEMARCA.COM
Extraordinary technological breakthroughs over the last 300 years have touched almost every aspect of human activity and transformed the world’s economies. The 2015 report shows how three historical breakthrough innovations – airplanes, antibiotics and semiconductors – fueled new business activity. It examines three current technologies with breakthrough potential: 3D printing, nanotechnology and robotics. And it considers the future outlook for innovation-driven growth.
#Argentina
The Delegation in Buenos Aires kicked off with an examiner training session with the National Institute of Industrial Property of Argentina (INPI).
Featuring members Federico Berger (Ferrer, Reyes, Tellechea, & Bouche, Argentina), Chair of the Latin America Subcommittee of INTA’s Non-Traditional Marks Committee), and fellow subcommittee member Graciela Perez de Inzaurraga (Hausheer Belgrano & Fernández, Argentina), the training focused on discussing three-dimensional marks and distinctiveness with more than 30 examiners, including an introduction by INPI Legal Advisor, Hernan Cabaleiro on the current IP landscape in Argentina.
Next was a meeting with INPI President Mario Aramburu and Mr. Cabaleiro. Mr. Aramburu informed the Delegation about the various initiatives taking place within INPI.
He emphasized projects such as “PROSUR,” a community framework agreement among the countries of South America that intends to facilitate, harmonize and improve industrial property proceedings in the region, as well as “Mi Primer Registro,” an innovation initiative targeted at encouraging first time applicants to register their trademarks and/or patents. INTA strongly supports these programs and looks forward to working with INPI on future trainings and collaboration projects.
Finding ways to control the production and transit of counterfeit goods was a constant theme in the meetings in Argentina.
At he meeting with the Argentine Confederation of Medium Companies (Confederacion Argentina de la Mediana Empresa), the Delegation sat down with the Secretary of Public and Institutional Relations, Fabian Xavier Castillo, and Secretary General José A. Bereciartúa to discuss the growth of counterfeit production in Argentina—in particular via mini “La Salada” markets, known as “Saladitas.” (La Salada is Buenos Aires’ largest informal market and is famous for hosting counterfeit products). Moreover, the Delegation learned about the economic, political and social strength of small and medium-sized enterprises in Argentina, which make up roughly 93 percent of production in the country, and how some of them, including national fashion brand Cardon, are the most widely counterfeited brands in Argentina.
The Delegation also spoke with the National Customs Office of Argentina (Direccion Nacional de Aduanas) within the Federal Administration of Public Revenue (AFIP). The Director General of the Customs Office, the Deputy Director of Customs and the Legal Advisor to the Director of the AFIP discussed the increasing amount of counterfeit production passing through the borders. That same day, the office had seized 50 tons (two containers) and 115,000 units of counterfeit goods. INTA supports the measures the office is taking to combat the growth of illegal trade, such as the Alert System for Trademark Fraud and the online database that keeps track of seized goods through the AFIP.
The Delegation then visited the Argentine Association of Intellectual Property Agents (AAAPI) at their new official office location, where INTA hosted a roundtable in collaboration with AAAPI on online counterfeiting during the 2015 Interpol Conference in September. The next stop on the trip was at the Argentine Chamber of Commerce, whose member companies make up 60 percent of the entire country’s GDP, to discuss ways to innovate and bring awareness to the importance of trademarks with new entrepreneurs and business owners in Argentina.
The remainder of the Argentina trip included meetings and discussions regarding the possibility of future collaboration and trainings with the President of the Federal Appellate Chamber and the President of the Association of Magistrates and Judicial Officials. The Delegation also hosted a membership reception with approximately 50 attendees from INTA’s membership base in Argentina.
The Delegation was very pleased with the turnout and thanks the Association’s Delegation members for all their support.
Fuente: www.inta.org/globalreport
The Superintendence of Industry and Commerce determined that the registration of the trademark BOY LAN, to identify eyeglasses and optical instruments, requested by EDWIN LOAIZA, is similar to the trademark RAY - BAN, of the company LUXOTTICA GROUP S.P.A.
The Superindustry determined that the signs RAY-BAN and BOY LAN share spelling similarities, as well as similar strokes in the typeface used that could cause confusion to consumers.
The Superintendence of Industry and Commerce, through Resolution No. 82,583 of 2015, protected the sign that identifies RAY-BAN sunglasses, of the company LUXOTTICA GROUP S.P.A., to identify "optical apparatus and instruments", and denied the registration of the trademark BOY LAN, requested by Mr. EDWIN LOAIZA.
The Directorate of Distinctive Signs of the Superindustry, in the analysis of registrability of the sign BOY LAN applied for, compared it with the registered trademark RAY - BAN. When analyzing the structure of the signs, it was determined that there is a likelihood of confusion, given the orthographic similarities, but mainly considered that they shared the same strokes, shape and arrangement of the letters.
The Superindustry determined that both signs intended to identify the same or similar products, such as optical instruments or glasses, so it denied the registration of the trademark BOY LAN to protect the trademark RAY-BAN and consumers against the evident risk of confusion that would generate the coexistence of the signs in the market.
Source: www.sic.gov.co
Fundación Exportar, as the export promotion agency of the Ministry of Foreign Affairs and Worship of Argentina, organized the second edition of the Exportar Conference, which took place on November 11 and 12 in the Autonomous City of Buenos Aires and was attended by more than 650 people.
During two days, technical presentations and working meetings were held, with the participation of international specialists and referents in topics of common interest and current affairs such as: management of social networks and new marketing strategies, sales techniques, online shopping and internet advertising; the importance of packaging in export activity; new technologies applied to audiovisual contents and their internationalization; branding and communication, among others. The opening of the conference was attended by the Secretary of International Economic Relations, Carlos Bianco, the Undersecretary of Investment Development and Trade Promotion, Agustín Wydler, and the Director of Fundación Exportar, Leonardo Boto, who expressed his satisfaction for the massive attendance and especially highlighted the attendance of small businessmen from all over the country. In his turn, Carlos Bianco highlighted the achievements reached in spite of the complicated international economic context.
"The only way to generate foreign currency to promote the country's growth is to sustain the trade surplus", he said. At the end of the opening ceremony, Leonardo Boto received the certificate certifying compliance with ISO 9001:2008 requirements for Fundación Exportar's quality management system. The conference was also an opportunity to hold the annual meeting of the export groups of Fundación Exportar and the ICBC Foundation and a new meeting of the national universities, within the framework of the Academic Council of Fundación Exportar.
In addition to professionals from the sector, provincial and municipal trade promotion agencies, business entities, bi-national and sectorial chambers, universities and tertiary institutes, exporting groups, Exportar Foundation representations in different jurisdictions of the country, outstanding companies and national agencies related to export management were present. Among them: Association of Metallurgical Industrialists of the Argentine Republic (ADIMRA), Chamber of Commerce of Holland, ProCórdoba, ProArgentina, Ministry of Production of the province of Jujuy, National Institute of Industrial Property (INPI), Argentine Chamber of Audiovisual SMEs Producers (CAPPA), Argentine Institute of Packaging (IAE), Argentine-Brazilian Chamber of Commerce (CAMBRAS), Argentine Institute for Quality, Casa de Asia, Salta Chamber of Commerce, Argentine-Japanese Cultural Foundation, Argentine Chamber of Exporters (CERA), Ministry of Production of La Pampa, etc.
The conference is a new scenario that promotes the rapprochement between the public and private sectors and also the federal spirit of the Foundation with the important participation of the provinces and Exportar representations from all over the country.
Source: exportar.org.ar
The 2015 International Law Enforcement Intellectual Property (IP) Crime Conference will be co-hosted by INTERPOL and the Ministry of Security, Argentina in partnership with Underwriters Laboratories (UL) and will be held from 22 to 24 September 2015 at the Sheraton Buenos Aires Hotel & Convention Center in Buenos Aires, Argentina.
This operational conference provides a unique forum for delegates to share and develop best practices to combat counterfeiting and piracy crimes. Held on an annual basis, it brings together police, customs, regulatory agencies, private sector intellectual property crime investigators and prosecutors.
The operationally focused agenda includes plenary sessions, panel sessions, operational workshops, interactive round-tables, specialized IP crime training sessions, a networking lounge and an exhibition area. The 2014 conference in Hanoi was a huge success and was attended by some 500 delegates from more than 80 countries and 200 organizations and was co-hosted by INTERPOL and the Vietnam National Police in Hanoi, Vietnam. The 2015 Conference will continue to build upon the past successes of the previous events.
Sponsorship opportunities have been opened and if you would like more information please contact Warren MacInnis via email at Warren.MacInnis@ul.com.
Please contact Kirstine Pedersen of INTERPOL if you have any questions on the Conference via email at K.Pedersen@interpol.int.
Fuente: http://iipcic.org/conference.php
The move follows allegations of copyright and intellectual property violations. A Belgian graphic designer filed a lawsuit in his country, alleging the Olympic emblem by Kenjiro Sano is very similar to a theater logo he created two years ago.
The Tokyo organizing committee is also investigating additional allegations against Sano. They say the material submitted last November for the emblem selection may have contained images used without permission.
One of the images shows an entrance hall at Tokyo's Haneda Airport, and the other depicts a busy intersection near the city's Shibuya train station.
The committee reported that Sano has admitted to the unauthorized use of those images. Olympic organizers made their decision based on what they heard from him and are now planning an emergency meeting to find a new design for the Olympic emblem.
Sano's designs, submitted in late July, were selected from more than 100 candidates. He has since faced accusations of plagiarizing the work of other artists. When the Belgian designer filed his complaint and filed a lawsuit in a Belgian court, Sano denied the allegations.
"I am very surprised that I am being accused by the Belgian designer of stealing his idea. It is absolutely unfounded," he said. Tokyo Olympics organizers initially defended Sano's designs and explained how they differed from the Belgian insignia. But other accusations surfaced.
It was suggested that designs produced by Sano's studio for a brewer were too similar to other works, and the brewery pulled some items from its sales campaign at Sano's request. Another was a logo for a new public facility in Ota City, near Tokyo, that residents said resembled a work by U.S. designer Josh Divino.
Why do we say that trademark protection protects both companies and consumers?
Because it is the only way for companies to protect their products in the markets where they market their trademarks, to help plaintiffs to identify them, to communicate their benefits and to build customer loyalty, to prevent them from choosing one product or service over another.
The registration of a trademark gives the company the exclusive right to prevent third parties from marketing identical or similar products with the same trademark or using a trademark so similar that it may create confusion.
Trademarks are part of our lives, from the moment we open our eyes, until we go to bed, we see trademarks.
What are the benefits of registering and protecting a trademark for companies, SMEs and entrepreneurs?
If the company does not register the trademark, the investments it makes in marketing a product may be unsuccessful because rivals may use the same or a confusingly similar trademark to market identical or similar products.
If a competitor adopts a similar or identical brand, consumers may mistakenly buy the competitor's product. This will not only diminish the company's profits and confuse its customers, but will damage its reputation and image, especially if the rival products are of inferior quality.
Given the value of trademarks and the importance that a trademark can have for the success of a product in the market, it is crucial to make sure that it is registered in the market and countries where you market such products or services.
Contact us for advice without obligation to: MIREGISTRODEMARCA.COM
"Gluno", as the device was baptized, allows people suffering from celiac disease to make a brief analysis of the food before eating it, providing safety when eating.
The equipment works with a disposable paddle, on which are printed electrodes and antibodies that are responsible for detecting gluten; the chemical reaction can only occur once, so the paddles must be removed each time you want to perform an analysis.
The device "is a hybrid that works with conventional and printed electronics, which is why it carries an alkaline battery and tapes with electromagnetic properties linked to the paddles." "The advantage it has is that it is a very flexible technology and can be applied on surfaces as light as food.
The size of "Gluno" is similar to that of a teaspoon, and its structure, made of polypropylene, allows it to be stored in small spaces such as pockets, purses or backpacks.
What is ICANN ?
ICANN is an organization that operates on a multinational/international level and is responsible for assigning IP protocol addresses, protocol identifiers, domain system management functions and administration of the root server system. These services were originally performed by IANA (Internet Assigned Numbers Authority) and other U.S. government entities.
ICANN is dedicated to preserving the stability of the Internet through consensus-based processes. ICANN coordinates the administration of the technical elements of the DNS to ensure unique name resolution, so that users can find all addresses without repetition.
Uniform Policy
One of the tasks it was asked to perform is to address the issue of domain name ownership of the gTLD.
ICANN sought to have such a policy developed in close cooperation with the World Intellectual Property Organization (WIPO), and the result has become known as the Uniform Domain Name Dispute Resolution Policy (UDRP).
This policy essentially attempts to provide a quick, cost-effective and reasonable response mechanism for resolving domain name disputes.
In 1862, Melville Sewell Bagley, a native of Boston, USA, arrived in Argentina. He began to work in the pharmacy of "La Estrella", on the corner of Defensa and Alsina, in the Buenos Aires neighborhood of Monserrat.
In 1864, Melville Sewell Bagley, using oranges from an old farm located in Bernal, invented the ingenious formula for a drink that would revolutionize the lives of Argentines.
The launching of the brand was very original and avant-garde for the time. One day, the people of Buenos Aires began to see the streets painted with huge signs with the words "Hesperidin is coming". Curiosity invaded the 140,000 porteños of the time and people began to wonder what this product was. For more than two months, no one could decipher its meaning.
Finally, on December 24, 1864, Christmas Eve, the mystery was revealed in "La Tribuna", one of the most important newspapers in the country: "The best and most original appetizer in the world is born in Argentina and can already be bought". With a rather sweet entry, gradually balanced with the right amount of bitterness typical of a bitter, this liquid gold seduced the Argentine people with its soft and sweet taste.
Its success was so great that counterfeits or imitations of dubious origin began to appear immediately. Melville acted quickly and convinced the President of the Nation, Nicolás Avellaneda, of the need to create a trademark and patent registry.
On October 27, 1876 the registry was created and Hesperidina was the first trademark to be registered in Argentina. To further tighten the levels of "anti-piracy" control, Melville also printed Hesperidina labels at the Bank Note Company of New York.
MIREGISTRODEMARCA.COM offers you competent services and rates, in all the management of your international trademark registration procedures, copyright protection and registration of web domains all over the world.
We are at your disposal to give you the advice you need.
Leonardo Gutierrez; "Leo" as he is known by the Argentine basketball lovers, a destined sportsman, who represents us with his professional sports work in different tournaments at national and international level wearing the colors of our Argentine national team. He is part of the so-called "golden generation" for having won the gold medal in the Olympic Games of Athens 2002.
Our business values "Honesty", "Passion", "Discipline" and "Trajectory" are represented in the figure of this outstanding athlete.
We thank him for choosing MIREGISTRODEMARCA.COM to protect his trademarks and intellectual property rights.
Among his achievements wearing the Argentine colors are:
Thanks for trusting your personal brand in MIREGISTRODEMARCA.COM