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Barreda Moller writes...

Trade name cancellation based on non-use

Trade name cancellation based on non-use has been widely debated in academic writing and case law due to the particular nature of the trade name, which in most legislations is [...]

Modification of the precedent of mandatory compliance regarding trademark cancellation for non-use

In order to establish more objective criteria in the application of the third paragraph of Article 165 of Decision 486 which approves the Common Industrial Property Regime in the Andean [...]

Notoriety of a trademark can be alleged and declared at present when its registration is applied for within the andean community

Pursuant to Article 224 of Decision 486 of the Andean Community, we must interpret that a notoriously known distinctive mark is the one that has been recognized as such in [...]

Online sales as proof of use of the trademark

The registration of a trademark imposes upon its owner the obligation of proving its use, since in this way the distinguished product or service enters the trade circuit and becomes [...]