Are you in the process of applying for your trademark and someone objected? Or do you have a trademark and have you noticed that someone wants to register an identical or similar trademark? Then this article is for you!
- WHAT IS THE TRADEMARK OPPOSITION?
It is a request made by a third party with legitimate interest, before the corresponding national authority, in this case the Superintendency of Industry and Commerce, to ask it not to grant a trademark, because it considers that the application does not meet the registrability requirements of the articles 135 and 136 of the Andean Decision 486. For example, considering that the copyright of the logo that is intended to be obtained as a brand is their property, or because the intended brand may cause confusion with its brand or commercial name, among other
- WHY IS IT IMPORTANT TO KNOW ABOUT OPPOSITIONS?
If you are applying for a trademark, you must make sure to follow up on the application process, because once the application is published, the Andean Decision (regulation) grants 30 business days for anyone to oppose your trademark application. This means that someone or even several people can oppose the SIC granting you your brand, and you must be aware to answer these oppositions! Something important is that answering oppositions has NO cost! So the best thing is that you defend your rights.
If you are already a trademark owner, that is, you already have a trademark or are in the process of applying for one, you should also be aware of the trademark application publications made by the SIC, lest a third party intends to register a trademark similar or identical to yours. If you find that someone else wants to obtain a registration on a trademark similar or identical to yours, it is best if you object! It is the ideal opportunity to explain to the SIC why it should not grant that Mark. Now, to oppose you must pay the official fee.
Now, if you do not want to be frequently pending the publications of the SIC, you can hire a law firm to do it for you.
IF YOU WANT OUR HELP, CONTACT US. FOLLOW US ON TWITTER @PALACIOABOGADOS.