Latin America & Caribbean

Azerbaijan pledges IP reforms, plain packaging in Singapore, and Ecuador plans mediation center: news round-up

In our latest round-up, we look at the JPO offering a souvenir certificate for long-time rights holders, fashion brands stepping up their tech game, a new director at the Tunisian IP Office, and much more.

Azerbaijan pledges IP reforms, plain packaging in Singapore, and Ecuador plans mediation center: news round-up
1 Nov 2018

Brazil edges forward with Madrid Protocol, but IP uncertainty follows election of Bolsonaro

With far-right candidate Jair Bolsonaro’s victory in last week’s general election, local experts tell WTR that the new government could “cause complications” for Brazil's accession to the Madrid Protocol.

29 Oct 2018

Amazon TLD moves forward but work remains before ‘.amazon’ becomes a reality

The ICANN board has decided that Amazon’s application for the ‘.amazon’ TLD should be moved from the ‘will not proceed’ designation, paving the way for future delegation of a string that has been in limbo for five years. 

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5 Nov 2018

CONVERSE CHUCK TAYLOR ALL STAR recognised as well-known trademark

The Court of Appeal of Peru has recognised the notoriety of CONVERSE CHUCK TAYLOR ALL STAR, in application of Articles 224 and 136(h) of Andean Community Decision 486. Read more

1 Nov 2018

New option available to reduce time between filing and publication of trademark applications

A new option is available in Colombia to reduce the prosecution time of trademark applications. In certain circumstances, it is now possible to skip the formal examination of the products/services covered by the application prior to its publication. Read more

29 Oct 2018

Mexican trademarks and the Commercial Treaty of North America

The new North American Free Trade Agreement includes stronger measures against counterfeiting and piracy, including the ability to stop the entry and exit of suspected counterfeit products. Read more

23 Oct 2018

Biker gang warns about fakes, WHOIS challenges, and brands failing to meet consumer expectations: news round-up

In our latest round-up, we look at the FDA warning about fake Halloween contact lenses, Kylie Jenner faces a trademark infringement lawsuit, Costa Rica being added to TMview, and much more. Read more

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Anti-counterfeiting

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16 Oct 2018

Louis Vuitton takedown spree, Poundland relaunches Twin Peaks bar, and a proposal for next round of ‘.brand’ TLDs: news round-up

In our latest round-up, we look at a Malaysian minister promoting the Madrid Protocol, food conglomerates moving to revamp their portfolios, and more. Read more

12 Sep 2018

Trademark protection and enforcement in Latin America

All Latin American countries have a first-to-file system, so early filing is essential in order to keep pirates and free riders as far out of the picture as possible. Read more

16 Aug 2018

“What I saw in China 8 years ago, I am now seeing in Brazil”: insights from New Balance’s brand protection lead

We speak to Daniel McKinnon, head of global brand protection at New Balance, about his approach to trademark enforcement, “paltry” damages awarded in China, the problems of “parasite brands”, and much more. Read more

24 May 2018

Procedures and strategies for anti-counterfeiting: Brazil

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

Brand management

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29 Aug 2018

Can fluid marks be considered part of a client’s IP portfolio in Mexico?

Mexico recently introduced a number of legal amendments whereby the types of registration for distinctive signs were extended to include non-traditional marks. However, fluid mark protection remains a riddle. Read more

22 Aug 2018

Brazil on the path to Madrid

After over a decade of debate, Brazil is expected to join the Madrid Protocol next year. But while accession seems inevitable, local practitioners have mixed feelings about the move. Read more

17 Aug 2018

Chile punches well above its weight from a trademark and branding perspective: exclusive data analysis

In this week’s country data report, we examine the major trademark trends in the Chilean market. We show that both domestic and foreign filings are stable, reveal the most valuable brands in the country, and analyse the key trademark classes used for both inbound and outbound applications.   Read more

2 Aug 2018

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. Read more

Enforcement and litigation

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29 Oct 2018

Mexican trademarks and the Commercial Treaty of North America

The new North American Free Trade Agreement includes stronger measures against counterfeiting and piracy, including the ability to stop the entry and exit of suspected counterfeit products. Read more

11 Oct 2018

Louis Vuitton Malletier wins opposition against trap singer and rapper Malu Vuitton

The Peruvian Trademark Office has upheld Louis Vuitton Malletier’s opposition against the registration of the mark MALU VUITTON by a Peruvian singer known under the stage name Malu Vuitton. Read more

3 Oct 2018

Enforcement success story: Honda takes on infringers in Peru

Japanese multinational corporation Honda, a widely known manufacturer of automobiles, motorcycles and power equipment, has developed a successful strategy to deal with infringers in Peru. Read more

26 Sep 2018

New industrial property elements and changes in trademark prosecution – key points explained

Legislative Decree 1397, which was published on 7 September 2018, introduces important changes in the field of trademark prosecution in Peru. Read more

Goverment/policy

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12 Sep 2018

New incentives for registration of collective trademarks – government hoping to boost competitiveness

Starting on 5 September 2018, and for a duration of one year, certain communities, organisations and businesses will be exonerated from the payment of the official fee for the registration of collective marks in Peru. Read more

12 Sep 2018

Trademark procedures and strategies: Chile

The Chilean Institute of Industrial Property (INAPI) may reject an application on the basis of an unregistered prior mark, provided that the existence of the unregistered trademark is publicly known to the extent that its renown does not require evidence. Read more

10 Sep 2018

Where did it all go wrong in the WTO plain packaging dispute?

The World Trade Organisation’s panel report in the cases brought against Australia’s plain packaging regime is difficult reading – and some of its key arguments are without merit. Read more

28 Aug 2018

Registrations double in Cayman Islands, Peppa Pig victory in China, and Aldi most trusted brand in Australia: news round-up

In our latest round-up, we look at China and Indonesia giving up the plain packaging fight, a Colin Kaepernick trademark application generating media buzz, why US colleges have been accused of trademark bullying, and much more. Read more

Law firms

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24 Jul 2018

“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. Read more

26 Apr 2018

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. Read more

17 Mar 2018

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. Read more

15 Mar 2018

“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 basis” and leaving IP owners “in limbo”. Read more

IP offices

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19 Oct 2018

Good news for mark owners: recordal of certain changes exempted from payment of official fees

The Peruvian Trademark Office has recently started to apply Article 6(6) of Legislative Decree 1310, which means that the recordal of certain changes is now exempted from the payment of official fees. Read more

27 Sep 2018

“IPOs can be at the forefront of digital transformation in governments” – interview with INAPI’s outgoing director

Maximiliano Santa-Cruz is leaving his role as national director of Chile’s National Institute of Industrial Property (INAPI). In an exclusive interview with WTR, he tells us that the role of IP offices must evolve to meet the challenges of the modern world. Read more

25 Sep 2018

USPTO director talks trademark clutter, Uber declares itself a verb, and beware sketchy Chinese licences: news round-up

In our latest round-up, we look at Ecuador joining TMClass, ICANN postponing its data privacy webinar, IP Australia undergoing a “technology upgrade”, and much more. Read more

17 Sep 2018

New rules for non-use cancellation actions: what you need to know

The Brazilian Patent and Trademark Office has issued Technical Note No 01/2018, which establishes new rules for non-use cancellation actions. This update highlights the key points for mark owners and petitioners. Read more

Online

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24 Jul 2018

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. Read more

22 Jun 2018

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. Read more

21 Feb 2018

Spreading the message – the IP offices taking significant strides to engage with the public about trademarks

In the third part of our series tracking IP office innovation, we take a deep dive into how registries are spreading the trademark message to a wider audience. Read more

20 Feb 2018

Online trailblazers – the IP offices breaking new ground in digital services, and those falling behind

In the second of our four-part series on IP office innovation, we take a look at digital tools and services. We reveal the registries leading the way in areas including website functionality, e-filings and open data access. Read more

Portfolio management

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29 Aug 2018

Can fluid marks be considered part of a client’s IP portfolio in Mexico?

Mexico recently introduced a number of legal amendments whereby the types of registration for distinctive signs were extended to include non-traditional marks. However, fluid mark protection remains a riddle. Read more

22 Aug 2018

Brazil on the path to Madrid

After over a decade of debate, Brazil is expected to join the Madrid Protocol next year. But while accession seems inevitable, local practitioners have mixed feelings about the move. Read more

17 Aug 2018

Chile punches well above its weight from a trademark and branding perspective: exclusive data analysis

In this week’s country data report, we examine the major trademark trends in the Chilean market. We show that both domestic and foreign filings are stable, reveal the most valuable brands in the country, and analyse the key trademark classes used for both inbound and outbound applications.   Read more

2 Aug 2018

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. Read more

Trademark law

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19 Oct 2018

Facebook’s WHOIS access woes, DPMA’s IP workshop for refugees, and Santa-Cruz leaves INAPI: news round-up

In our latest round-up, we look at the Croatian president talking up nation branding, Gucci voicing “reluctance” to work with Alibaba and JD.com, brand owners readying themselves for motion marks, and much more. Read more

9 Oct 2018

Supreme Court: trademarks must be assessed as a whole

In a significant decision, the Chilean Supreme Court has reversed a decision of the Court of Appeal in Industrial Property Cases in which the latter had rejected an opposition against the registration of the mark CALLY based on the earlier mark CALLIA. Read more

12 Sep 2018

Trademark procedures and strategies: El Salvador

Any natural or legal person can apply for and acquire the right to own a mark in El Salvador. No conditions of nationality, domicile or establishment apply. Read more

12 Sep 2018

Trademark procedures and strategies: Brazil

As a general rule, the Industrial Property Law states that ownership of a mark is acquired through a granted registration, following which the rights holder has the right to exclusive use of the trademark throughout the national territory. Read more

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