Importance and consequences by the no register his mark in Latin American contries


In view that is already known about the global economy and new markets attractive for big and medium investors of the new economic potencies such as the Asian, Arab and new emerging industries European and American; being Peru, Brazil and Chile markets receivers of these investors also the already known Argentina, Uruguay, Colombia, Panama, Salvador; frequently tend to occur situations in which suppliers of products or services tend to be disabled to market their names by the existence of a similar or perhaps the same brand and logo is already registered by another entrepreneur local or regional who could blocking its exports to this part of the region.

 It is the duty of every agent in the area of Intellectual Property, advice opportunely to their represented; suggesting protected in each country where it is marketed, since otherwise as in the case of Peru, single sellers and in many cases official distributors register the brand of the supplier on behalf of themselves and later that the supplier break or end the business relationship with its distributor is unable to continue marketing its products or services with its legitimate brand in the country, impeding this fact that they can achieve negotiate with other distributors or at worst, are in need to buy its own brand to a third party outside his business organization.

 The solutions often are simple through legal action according to regional legislation, but in many cases, are new businesses who can not prove the notoriety of its brand for effect of a Nullity for Unfair Competition; another option would be the Cancellation for Lack of Use, for this always is required that the current holder of the trademark has not made use of the Sign, at least three consecutive years, all these processes dilate the negotiations and exports of many international businesses that are affected and unable to enter  markets essentially attractive to their investments. 

 And since many of the Latin countries listed at the beginning of the note currently working in different trade agreements with economic blocs which will bring large investors, add in their negotiations exigencies on terms of Intellectual Property, in order to safeguard the investment of his countrymen; to this is the duty of the specialists be vigilant in post of the best advice to our represented.

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