Latin America & Caribbean

United States slides, Germany continues to rule: counsel rate court systems across the globe

Despite being key litigation battlegrounds, counsel confidence in the court systems of China and the United States remains shaky. 

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Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern.

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Can title of creative work benefit from trademark protection?

In Roemmers v Diamond Films, Argentina's Court of Appeals has upheld the refusal to grant a preliminary injunction against the use of “Una razón para vivir” as a film title.

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Crocs Inc successfully enforces 3D marks in biggest ever anti-counterfeiting operation

Following a request for an injunction by Crocs Inc, the Ecuadorian IP Office has seized more than 37,000 items during operations carried out simultaneously in three different cities.

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Argentina’s emergency trademark law amendments and reassuring filing figures; exclusive data analysis

World Trademark Review examines the IP profile of Argentina, exploring the potential impact of the new emergency decree on trademark law, while providing a thorough breakdown on filings at the Argentine register.

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Amendments to Industrial Property Law: what trademark owners and applicants need to know

The Mexican Senate has approved a bill that will substantially amend the provisions of the Industrial Property Law relating to trademarks. This update provides a summary of the main changes.

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Suspension of official fees payable by foreign entities: brand owners should stay alert

Although the payment of official fees to the Venezuelan IP office has been suspended temporarily, foreign brand owners should be prepared and ensure that their representatives are nevertheless sent the relevant fees.

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Franchising and contract enforcement in Peru

In our series focusing on franchising across Asia and South America, we take a closer at the Peruvian legislation that governs contract enforcement and termination.

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Enforcing franchise agreements in Argentina: an overview

As part of our Asia and South America series, we provide an overview of the rules that govern the enforcement and termination of franchise agreements in Argentina.

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Procedures and strategies for pharmaceutical brands: Chile

Two frameworks are applicable to pharmaceutical marks in Chile. The Industrial Property Law and its regulation set out the rules for the registration and use of trademarks; the Sanitary Code and Decree 3/2010 regulate the pharmaceutical product marketing authorisation...

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Procedures and strategies for pharmaceutical brands: Brazil

Brazil is a first-to-file jurisdiction, and therefore IP rights are acquired only when an application is filed and registered with the Brazilian Patent and Trademark Office. However, pharmaceutical trademarks fall under two separate and independent statutory regimes...

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Procedures and strategies for pharmaceutical brands: Mexico

There is no clear link between the IP Law and the Health Law and their regulations regarding conflicts between registered trademarks and marketing authorisations or distinctive names. IMPI examiners usually consider the three-letter rule when analysing the similarity...

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Defendant found guilty in Barbados' first ever criminal trial for sale of counterfeit goods

Barbados has concluded its first criminal trial for the sale of counterfeit goods, with the Crown obtaining a guilty verdict. The case involved shoes and backpacks that counterfeited the ‘Fenty PUMA by Rihanna’ line.

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Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot.

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“A situation of uncertainty” – fees debacle at Venezuelan IP office leaves brand owners “in limbo”

​​​​​​​The Venezuelan Patent and Trademark Office has suspended payment of official fees by foreign applicants for the foreseeable future. The situation has been described by one local attorney on the ground as “lacking legal...

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Jamaica approves protection of GIs, Montenegro joins TMView and United Kingdom ratifies Hague Agreement: news round-up

In today's round-up, we look predictions for the next round of gTLDs, the UK’s IP Crime Unit urging the public to “treat mum right” by avoiding fakes, and much more.

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Assessing Argentina's emergency trademark law upgrade

A government-issued emergency decree is set to shake up trademark practice in Argentina. Key to its success will be how the Argentine Patent and Trademark Office manages the transition, so we analyse what practitioners should be mindful of going forward.

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Exclusive

Pushing the boundaries – identifying the world’s most innovative IP offices

In a new multi-part series, World Trademark Review identifies the IP offices leading the way in offering innovative non-core tools and services – and the registries trailing behind.

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Brazil on the rebound – service sector thrives, trademark backlog falls: exclusive data analysis

In our latest country data report, we identify the best performing brands in Brazil and review recent filing data to assess the health of the trademark landscape.

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Havana Club hostility, new UK IP minister, and General Mills 'logo trolls’ Kellogg’s: news round-up

In our latest news round-up we look at the announcement of a new IP minister in the UK, INTA welcomes its new president, the latest development in the long-running Havana Club dispute, and much more.

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Major disruptions in the insurance sector and how brand strategies must evolve: exclusive data analysis

We look at trademark trends in the insurance sector, which is undergoing an incipient transformation that could present significant risks and opportunities for brands.

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Trademark Office clarifies when applications may be modified – what applicants need to know

The Colombian Trademark Office has published an article clarifying when and to what extent it will be possible to amend a trademark application.

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Enforcing and terminating franchise agreements in Mexico

As part of our deep dive into franchising rules in Asia and South America, we outline the rules that govern enforcement and termination of franchise agreements in Mexico.

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Franchising in Chile: a guide to enforcement and termination

This series outlines the legislative framework for franchising in nine jurisdictions across Asia and South America. In this instalment, we focus on the enforcement and termination of agreements in Chile.

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Trademark Office considers evidence of mark's fame abroad in rare departure from usual approach

In a significant decision, the Bolivian Trademark Office has departed from its usual territorially-based approach and considered evidence of a trademark’s fame abroad.

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Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America.

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Brexit update, plain packaging begins in Ireland, and first trademark ruling in Barbados: news round-up

In this round-up edition, we look at the latest Brexit developments from a trademark perspective, Hershey’s hawkish eye over the marijuana industry, and the result from the first ever trademark dispute in Barbados.

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Scientology trademarks, Brazil’s backlog impact and Leason Ellis victorious against solicitation scammer: news round-up

In our latest news round-up, we look at the impact of backlog measures in Brazil, the pros and cons of China’s rocketing trademark trajectory, and a new victory against trademark scammers.

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US retail brands are teeming with life despite the so-called 'retail apocalypse': exclusive data analysis

World Trademark Review takes an in-depth look at the retail sector. As one of the most dynamic branding environments of any industry sector, we analyse how the top brands in this field have performed.

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Four years on – how Mexico stepped up to Madrid

It is now four years since Mexico officially ascended to the Madrid Protocol. We examine how local practitioners have been adapting to this new trademark ecosystem and see what common issues are arising.

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Mexico shows robust filing figures, as services overtake goods for first time: exclusive data analysis

In World Trademark Review’s latest country data report, we take a look at Mexico and how brands fare in the country.

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Issue 72