Region: Latin America & Caribbean

Legislation and IP policy watch: the current state of play (December 2022)

WTR’s monthly column tracking trademark and related policy developments, including the progress of major bills, from around the world.

01 December 2022

Innovation at the Chilean IP office: spotlight on trademark tools and services

In an update from our regular series on innovation at national IP offices, we hear from representatives at the National Institute of Industrial Property of Chile.

18 November 2022

The incredible power of notorious trademarks against non-use cancellation

Although it was accepted that well-known marks will be treated differently in non-use cancellation actions, the notoriety of the mark THE INCREDIBLES was not demonstrated for the relevant goods.

18 November 2022

Caterpillar successfully opposes registration of FUNKY CAT based on its CAT mark

SENADI upheld oppositions against applications for the mark FUNKY CAT in Classes 9, 35 and 37 on the ground that there was a likelihood of confusion or association with the mark CAT.

17 November 2022

Court of Appeals finds that attempt to obtain sanitary authorisation does not constitute “preparatory act” of use

The fact that the defendant started the sanitary authorisation process in 2015 - a year after the opposition was filed - did not go unnoticed by the court.

14 November 2022

Huge seizure of infringing Class 3 goods at notorious Lima market sends clear message to infringers

This enforcement action targeted 12 establishments in the Polvos Azules shopping centre, which has been included for many years in the Notorious Markets List of the Office of the US Trade Representative.

11 November 2022

Court of Appeals takes co-existence abroad into consideration

This is the first time that co-existence in foreign countries has been taken into account by an Argentinian court.

09 November 2022

adidas, Mars and Netflix feature in Legal Updates from the Americas that you may have missed

We complete our latest series of Legal Updates that you may have missed with takeaways from recent developments in the Andean Community, Canada, Ecuador, Peru and the United States.

28 October 2022

AIWA trademark protected by High Administrative Court

Following a five-year dispute, AA - which had acquired the rights in the AIWA mark from its original owner in all Latin American countries - obtained a final resolution recognising the notoriety of the mark in Uruguay.

26 October 2022

Costa Rica drifting towards legalisation of hemp and cannabis use - why businesses should secure trademark protection

Hemp and cannabis businesses should consider trademark issues at an early stage before venturing into this new market.

24 October 2022

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