Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

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4. Results: Answers
Protection of foreign trademarks
Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (eg, under unfair competition law)?

Answer ... Foreign trademarks which have not been registered locally cannot be enforced, as without local registration there is technically no infringement, because no granted right has been violated.

An exception is the Andean opposition, through which the owner of a trademark registered in any Andean country can object to an application for an identical or similar mark. This technically does not constitute enforcement against actual use, but rather prevents the issuance of a right to a third party.

For more information about this answer please contact: Juan Ignacio from Bolet & Terrero
Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?

Answer ... The National Intellectual Property Service is not part of any international registration system or agreement, and thus does not permit registration of a trademark based on a foreign or international registration. Registrations are territorial and trademarks must progress through local registration proceedings.

At most, a local application can invoke a priority right from an international application, but this serves only to request an earlier filing date. The trademark must progress through the entire registration process.

For more information about this answer please contact: Juan Ignacio from Bolet & Terrero