Five things you need to know – Latin America and Caribbean
In an exclusive interview, available in full on the World Trademark Review platform, Juan Cichero, head of brand protection at Mercado Libre, has expanded on the e-commerce giant’s anti-counterfeiting efforts – revealing that in 2019 2 million listings were removed due to takedown requests from members, with an additional 1.8 million listings taken down as a result of the company’s efforts. He added: “During the first half of 2020, almost 6 million listings were reported by our members and around 1.5 million listings were removed from the marketplace due to our proactive detections.”
The IP offices of the Dominican Republic (ONAPI) and Saint Kitts and Nevis (IPOSKN) have joined the EUIPO’s TMclass system. This means that ONAPI will use and accept the list from the harmonised database of goods and services in TMclass, while IPOSKN will join the tool combined with WIPO’s Madrid Goods and Services. There are now 10 non-EU IP offices that use TMclass.
The Mexican Institute of Industrial Property has “ratified its commitment to creators and entrepreneurs” with the launch of a new electronic trademark office for licences, transfers of rights, oppositions, geographical indications and designations of origin, among other matters. The move means that all processes related to trademarks in Mexico can now be completed online. Further, the new digital platform allows applicants to register holographic, sound, olfactory and certification marks electronically.
During opposition proceedings against the registration of the mark MUVITON in Class 5, the Peruvian National Institute for the Defence of the Competition and the Protection of Intellectual Property has recognised the notoriety of LOUIS VUITTON in Peru for “clothing, shoes, bags, belts and travel suitcases”. The recognition of notoriety means that the mark now benefits from the extended protection conferred to well-known marks, including against applications in non-related classes to avoid any risk of dilution.
Trinidad and Tobago
In a surprise move on 25 June 2020, Trinidad and Tobago’s president announced that the country’s Trademarks Act 2015 would become immediately operative. Among the changes are an expanded definition of ‘trademark’, wider protection for well-known marks and explicit provisions with regard to use on the Internet.