Saturday, August 4, 2012

Rights under the Trademark Registration


In accordance with Decision 486 of the CAN (D.486) and the Intellectual Property Law (LPI) the right to exclusive use of a mark is acquired through registration with the Ecuadorian Institute of Intellectual Property-IEPI-; Thus, in the attributive system governed Ecuador as the emergence of a trademark right, since only the registration granted exclusive rights to the mark in the territory of Ecuador.

Thus, the registration of a trademark confers, among others, the holder's right to use, enjoy and dispose of it, and additionally the trademark holder has the right to prohibit third parties for the following activities (Art. 155 D.486 and Article 217 LPI):

The use of trade identical or similar signs to distinguish the same products or other products or services, the sale, storage or introduction into commerce of products containing the trademark without permission of the owner; The import or export of products containing the trademark; Emplar the trademark in advertising, publications, business documents or written communications, and use all that could be considered comparable or equivalent to those described above Thus, trademark law seeks to protect a trademark owner to avoid third parties can avail themselves of the economic effort involved positioning a brand in the market and, in turn, seeks to protect the consuming public, so that when selecting the goods or services of their choice will not see the flawed market competition that are distinctive signs together signs that reproduce or trademarks without the same commercial origin and quality that has the mark to which reproduce.

Therefore, trademark protection through registration with the fundamental dun IEPI is to exercise the rights conferred by Community law and national industrial property.

Register your brand, protect your ideas.

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