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New Manual for Trademark Examination in the Andean Countries: Everything You Need to Know

Ab. María Camila Pérez.

Deputy Head of Intellectual Property

 

Dear friends and clients,


We are pleased to inform you about a recent publication of the Court of Justice of the Andean Community: the Manual for the Examination of Trademarks in the Andean Countries. This document, developed in collaboration with the World Intellectual Property Organization (WIPO).


Objective of the Manual


The objective of this manual is to homogenize the interpretation of the normative provisions of Decision 486 in the industrial property offices of each member country (Bolivia, Colombia, Ecuador and Peru) and to facilitate their understanding, in order to achieve a more efficient service at the regional level.


Key Aspects of the Manual


These are the key aspects to be considered:


1. Intellectual Property


Intellectual Property is composed of three disciplines:

  1. Copyright,

  2. Industrial Property and

  3. Plant Variety Protection.

The manual focuses on the distinctive signs of industrial property, i.e., elements such as words, letters, symbols, colors, designs or figures that distinguish products, services or economic activities from other similar ones. This includes trademarks, slogans, trade names, trade signs/distinctive appearances and geographical indications/denominations of origin.


2. Categories of distinctive signs


The different categories of distinctive signs (traditional and non-traditional trademarks, distinctive appearances, commercial slogans and trade names) and how they influence their protection are detailed.


3. Trademark registration process


The 5 stages of the trademark registration process are described:

  1. Examination as to form: Verification that the application complies with all necessary requirements, including the filing form, the assignment of the filing date, the deadline for the formal examination, the examination of the requirements of the application form, additional requirements and amendments to the application.

  2. Publication: If the application complies with the formal requirements, its publication is ordered to inform third parties of the applicant's intention to obtain a registration.

  3. Opposition: Any natural or legal person with a legitimate interest may file a reasoned opposition to prevent a sign from being registered as a trademark. There are specific deadlines for filing and responding to an opposition.

  4. Substantive examination: It is analyzed whether the sign applied for may be registered, verifying whether it incurs in any legal impediment, such as absolute or relative prohibitions, or whether it is applied for to perpetrate an act of unfair competition.

  5. Resolution: A resolution is issued granting or denying the registration of the trademark. If granted, the applicant obtains ownership of the right for 10 years, renewable for successive ten-year periods.

This manual is a valuable tool for those involved in the registration of trademarks in the CAN countries. If you need assistance with trademark registration or have any questions about this process, please do not hesitate to contact us. We are here to help you.

Hombre diseñado una logo para una empresa.
Marcas Comerciales | Propiedad Industrial
 

We hope you find this information useful. We are at your service for any questions or queries you may have. Feel free to contact us by sending an email to info@lmzabogados.com or by filling out our legal services request form.

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Legal disclaimer

The content of this blog is provided for informational and educational purposes only and should not be considered legal advice. Regulations in Ecuador are subject to changes and updates that may affect the applicability and accuracy of the content published here. We do not guarantee that the information presented is accurate, complete or current at the time of reading. Therefore, past postings should not be construed as necessarily reflecting current regulations. We strongly recommend that you consult with our qualified attorneys for specific and personalized advice.

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