Our Law on Trademarks and Other Distinct Signs, Law No. 380, defines a trademark as any sign that is suitable for distinguishing products or services. The registration of the trademark grants its owner the exclusive right to use it, to exploit it for economic activity at a national level and to prevent any unauthorized use of it by third parties, but you should know that not all trademarks
may be admitted for registration before the competent authority.
A trademark is subject to a substantive examination to determine if it is inadmissible considering the rights of third parties or reasons intrinsic to the trademark. The grounds for refusal for intrinsic reasons refer precisely to the nature of the mark itself, for example:
• Lack of sufficient distinctive aptitude with respect to the product or service to which it is applied.
• Is contrary to law, public order or morality.
• Consists of the usual or current form of the product to which it is applied or of its container, or in a form necessary or imposed by the nature of the product or service in question.
• Constitutes a sign that designates, or describes or qualifies the characteristics, qualities or other data corresponding to the product or service that it intends to identify.
• Colors considered individually.
• Signs that offend or ridicule people, ideas, religions or symbols of any country or international entity.
• Signs likely to cause confusion or deception about the geographical origin, nature, manufacturing method, qualities, suitability for use or consumption, quantity or any other characteristic of the product or service to which it applies.
On the other hand, the reasons for refusal that refer to a conflict with prior rights of third parties, for example:
• The sign is identical to a trademark registered or pending registration in the country by a third party from a previous date, which distinguishes the same products or services.
• The sign is identical or similar to a trademark registered or pending registration in the country by a third party from a previous date, which distinguishes the same or different products or services, if its use could cause a risk of confusion or association with that brand.
• The sign is identical or similar to a trade name, sign or emblem belonging to a third party from an earlier date, and its use will cause a risk of confusion or association with that trade name, sign or emblem.
• The sign constitutes a total or partial reproduction, imitation, translation, transliteration or transcription of a well-known distinctive sign belonging to a third party, whatever the products or services to which the sign is applied, when its use could cause a risk of confusion or association with the well-known distinctive sign, or a risk of dilution of its distinctive force or its commercial or advertising value, or would imply an unfair use of the notoriety of the sign.
• That the sign affected the personality right of a third party, especially in the case of the name, signature, title, hypocoristic, pseudonym, image or portrait of a person other than the one requesting registration, unless the consent of that person is proven. person or, if he had died, that of those who were declared his heirs.
• That the sign affects the right to name, image or prestige of a legal person or of a local, regional or national community, unless the express consent of the competent authority of that person or community is proven.
• When the sign contains a protected denomination of origin for the same products or for different products, or when it could cause a risk of confusion or association with the denomination, or imply an unfair use of its notoriety.
• That the sign is contrary to a copyright or an industrial property right, owned by a third party, protected by a figure other than those regulated in this Law.
• That the requested sign is identical or similar to a sign that has been used in good faith in the national territory by a third party, in the identification of the same products or services.
• When the sign contains a Denomination of Origin or a Protected Geographical Indication or in process for the same products or for different products, or when it could cause a risk of confusion or association with the Denomination of Origin or Geographical Indication, as the case may be, which would imply an unfair use of his notoriety.
You can identify the causes detailed above in articles 7 and 8 of the Law, it is recommended that before registering a trademark or distinctive sign you can consider them and carry out a search to rule out prior rights registered and in force in favor of third parties, in order to determine the chances of success of the registration process.