Latin America & Caribbean - World Trademark Review

Latin America & Caribbean

Authorities should distinguish between ads and trademarks: exclusive interview with PepsiCo’s Sergio Barragan

We speaks with Sergio Barragan of beverage giant PepsiCo to discover his approach to managing the company’s extensive Latin American brand portfolio.

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Plain packaging for bank loans, Honduras to appeal WTO ruling and legality of Burberry burning: news round-up

In our latest round-up, we look at the TTAB siding with Italian fashion brand Gucci in a dispute with a family member of Gucci’s founder, Kazakhstan enacting new IP law amendments, and much more.

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easyGroup versus EasyFly: not an 'easy' case

easyGroup, which is currently engaged in litigation against Colombian airline EasyFly, has failed to comply with an injunction in trademark infringement proceedings initiated by EasyFly.

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Mark owners beware: new food labelling regulation may restrict trademark rights

In an action filed by Evercrisp (a subsidiary of Pepsico), a Chilean court has held that the restrictions imposed by the new food labelling regulation do not imply an expropriation, but only a limitation of trademark rights based on public health...

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Cuba issues first consumer protection rules, IHOB “a flop”, and cost of a country rebrand: news round-up

In our latest round-up, we look at Alibaba and Kantar teaming up to redefine brand building in China, Ukraine's institution of IP inspectors, the musician ordered to pay $2 million for trademark infringement, and more...

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New INPI resolution on administrative opposition procedure - what you need to know

Following the introduction of major changes to Argentina’s trademark legislation in January, the National Institute of Industrial Property has now issued Resolution P-183, which regulates the administrative opposition procedure.

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“Don’t panic” – new entrants to Madrid Protocol give mixed feedback on their experience since accession

​​​​​​​Law firm practitioners in jurisdictions that have adopted the Madrid Protocol in recent years have shared their experience in an exclusive survey. While some praised the system, other were scathing about its impact...

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New IP officials appointed against backdrop of great uncertainty

New IP officials, including a new director of trademarks, have recently been appointed in Venezuela. These appointments come in a climate of great uncertainty, mainly due to the suspension of the payment of official fees by foreign IP owners earlier this year...

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"Planning for positive change": the law firm perspective on Brazil joining the Madrid Protocol

​​​​​​​After over a decade of discussion, Brazil looks increasingly likely to accede to the Madrid system. We speak to local law firm practitioners about how it is expected to impact their own practice and the wider trademark...

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Procedures and strategies for anti-counterfeiting: Brazil

The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities.

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Procedures and strategies for anti-counterfeiting: Panama

Customs authorities are empowered to inspect and seize merchandise that is subject to customs procedures and which may violate Panama’s IP laws, regardless of its final destination. This means that even in-transit goods can be inspected and seized.

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Procedures and strategies for anti-counterfeiting: Mexico

Officers at Mexico’s 49 customs offices inspect the contents of containers with Mexico as their final destination in order to detect counterfeit merchandise. Because the authorities cannot commence proceedings against counterfeit goods, rights holders must file corresponding...

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Good news for brands owners: custodial sentences given to owners of stores selling counterfeit goods

Following a significant operation carried out at Ecuador’s largest informal market, the owners of three stores in which counterfeit goods were seized were arrested and given prison sentences.

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Brazil set to accept Madrid applications in early 2019; associations being kept “in the dark” over plans

The president of the Brazilian IP Agents Association reveals that it is expected the registry will begin accepting international applications early next year – but there is concern over a lack of information for local...

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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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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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“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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INTA “extremely disappointed” with WTO plain packaging ruling, considering next steps

In a landmark ruling, the World Trade Organisation has upheld Australia’s tobacco plain packaging regime as being consistent with its trade obligations. The response has been mixed, with INTA voicing its disappointment and confirmed it...

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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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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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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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Symbols of the rich and famous: challenges for fashion and luxury brands

Uhthoff, Gómez Vega & Uhthoff Innovation, notoriety, protective registration and counterfeiting are key challenges for fashion and luxury brands. Fortunately, Mexico has a complex system of enforcement in place.

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Know your rights: grounds for ownership and opposition under a Mexican trademark licence

Mexican law follows international standards with regard to trademark licensing, and licensors can benefit from a licensee’s use of their mark even where the agreement has not been recorded.

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Blow for Crocs: 3D mark representing famous clogs declared invalid

The Dominican Republic's Patent and Trademark Office has ordered the cancellation of a 3D trademark representing Crocs Inc's famous clog shoe, as the mark was considered to be functional.

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Joint ownership and exclusive rights: Supreme Court issues decision in ANTUMANAL case

The Chilean Supreme Court has upheld the dismissal of complaints against the jointly-owned trademark ANTUMANAL, ruling out bad faith on the part of the defendant.

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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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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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Private practice perspectives on diversity: “We must push forward in the name of achieving greater equality”

Law firm professionals reflect on the theme of this year’s World IP Day, which highlights the ingenuity and courage of the women who are driving change in our world.

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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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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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