This System is a new way to defend the rights of a registered trademark.
Dear guests and friends,
On November 10 of this year the Gazette of the Senate a draft decree on the Industrial Property Law (hereinafter the “Draft Decree”) is amended in order to implement an “Opposition System” to trademarks (hereinafter the “System”), allowing the possibility to anyone that has elements to opposing them to avoid the registration and issue of certificates of trademarks that invade a previously granted right.
The System will be developed independently and parallel to the procedure by which:
•It will not be a cause for suspending the procedure of registration of the trademark;
•It will not give the petitioner of the opposition the character of third party in the procedure;
•Raised objections does not prejudge the substantive examination of IMPI, but only be taken as elements that reinforce the same;
•The IMPI will enable the applicant of the trademark to protest against the opposition;
•Will not delay the procedure of registration of the trademark since the terms of the System will be parallel to the deadlines originally specified by the IMPI.
•In the case that the IMPI qualify as negative the opposition it will remain the possibility to promote a request for an administrative declaration of invalidity against the trademark.
In such case that the Draft Decree will be approved it will enter into force within 90 calendar days of its publication in the Official Gazette.
In ASD we have a team of lawyers specializing in the field who can advise for purposes of registering and protecting your trademarks.
Approach to us.
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