Bad Faith Registration Chile

A Spanish medium-size company (“XXX”) that operates in the manufacture and distribution of toys sector decided in 2013 to redesign its logo and register it as a new trademark.

The company used to operate in Europe and in Latin America, mainly in Argentina, Colombia and Chile through distribution agreements. They decided to register the new logo as a Community Trademark at a first stage and waiting a few years before registering the trademark in Latin America, since the former logo was registered in Argentina, Colombia and Chile.

Module contents
Lessons learned

It is advisable to hire a trademark monitoring service at least in those markets where your company has strong interest or presence.

Intellectual Property can be used as a weapon during commercial disputes.

Non-contentious approaches can be very effective in certain scenarios and are cheaper than litigation or IP prosecution.

To prevent your distributor/agent/representative to register for one of your trademarks without your authorization, you should furnish evidences of your previous commercial relationship.