The Andean Court of Justice harmonise interpretation on Trade mark use

When it comes to the requirement of suficient trade mark use, the Bolivian Trademark Office interpreted that the products had to be necessarily  sold to be placed on the market.

The new Decision from the Andea Court of Justice harmonises the interpretation of what is sufficient trade mark use.

In accordance with the new interpretation of the Court, the goods only need to be offered to the public. This way commercial success and use are no longer seen as synonyms. 

This interpretation will be applicable in Bolivia, Colombia, Ecuador and Peru.

How to protect your IPR online

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European SMEs seeking to expand their businesses towards the Latin American region consider the Internet as a preferential channel to do so. With the Internet being such an easy entrance for new products and services, it can also be used by forgers from all over the world as an instrument to sell counterfeit goods or commit any kind of Intellectual Property (IP) frauds.