Use of Trademarks

Apr 23, 2023 | English Blog


 Posted by: Zayda Cubas | Associate at Alvarado y Asociados.

Although the use of the trademark is not a requirement for registration, the use of the trademark becomes relevant when considering the validity of the registration itself. Even though, our national law does not require companies to demonstrate the use of trademark to maintain the validity of a registration, it is possible for a trademark registration to be terminated by canceling it due lack of use.

Another aspect to consider is that under our current legislation, natural or legal persons who use a non- registered brand in good faith inside the country have the right to object to the appropriate authorities. Among the causes grounds of inadmissibility based on third party rights it is indicated: “a sign cannot be registered as a mark when its use will affect a third-party prior right. It is understood as affecting a prior right of a third party in any of the following cases: that the sign applied for is identical or similar to a sign that has been used in good faith in the country by a third party to identify the same products or services.

Thus, an individual with an unregistered trademark may, if it meets certain requirements, oppose a trademark that is similar or identical to theirs. Finally, the use of brand should be a priority for those who do not want to risk losing their registration due to a cancellation action based on lack of use. For those who use the brand without registration, it is wiser to proceed with the paperwork to ensure a right of exclusive use.