Enjoy the rights to place a national registry of brands
In the Industrial Property Law, like many other areas of law, by the very nature of this-, the principle of territoriality, which limits the scope of rights in space, which means that they will only effectively in countries or territories where they have previously applied for registration and therefore was subsequently awarded, regardless of the prevailing system for the acquisition of the same in each of those territories. However, this limit in the space for the enjoyment of rights as to place a national registry of a brand can transcend the borders of the country for which rights were acquired, ie, may apply for registration in other countries, in international law there alternative ways to fulfill this objective, which are used depending on the needs, and therefore the strategy to follow the trademark owner of the sign.
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To enter into the subject, it is positive that the signs present are the distinctive trademark for excellence, finding an international protection regime capable of guaranteeing the presence of the international markets beyond the borders of the country where it has been granted by first time. In this regard, that a holder of a national brand representative got the sign of your products or services beyond the physical boundaries of the country where it enjoys the exclusive basis of the sign, you must know the different options for protection Similarly, the right has been established at different levels: national and international levels.
The first of these pathways to be analyzed is known as the traditional way, directly or country to country, which is a national route and is more common and feasible for the purpose of making one or a few applications for registration in a few countries, is more expensive and subjected to different registration procedures with different languages.
The second pathway is called the Community trade mark registration is a means of regional effects in all countries of the European community. This pathway allows a single application to a single office to generate the same effects in other member countries of the community and a single order processing all events that may arise during the life of the brand.
For the purpose of this work, these first two routes are not the author’s interest to enter in-depth analysis regarding the figure of the Central Attack on International Registration of Trademarks, being the Madrid System via the option on the international trademark to where they will conduct the analysis in question.
This third variant, rather than being an option to log off the mark with border, was established as the only means of international registration of marks, which will be addressed in greater detail below, reflecting the effects, consequences and ways of Central amortize a possible attack before a national registry of deriving several international registrations.
The Madrid system as the only way the international registration of marks, applicants enables lower costs and facilitate the process by way of application for registration and procedures regarding the traditional way. The same demands as the prerequisite for their use, previous ownership of a registration or application for trademark registration in the country where the application is deposited, ie requires a registration or registration base.
The application for international registration is effected with the International Bureau in Geneva, which is a system administered by the World Intellectual Property Organization, becoming explicit dimension to countries that want to extend the base register.
The International System of Registration of trademarks is composed of a set of principles governing their operation, highlighting the Unit. Which as its name suggests, does depend (in terms of the temporary use) the legal effects of international registrations granted under previous applications, the base register that gave rise for a period of five years from the date of that international registration. It may not evoke the protection resulting from international registration after the expiry of the deadline if the National Register of base was the subject of an action for annulment, cancellation, surrender, termination or expiration. After this period of time, the International Registry achieves independence which enables it to consolidate and continue their lives without any link to the base register that motivated him.
Based on this principle is of no legal effect could leave the International Register in each of the countries designated by a single action against the basic registration tending to its invalidation. This action is to be called Central Attack. As an international registration of marks is not enough to be awarded by the National Office for having complied with all procedural and substantive elements, as its initial life depends on external causes that jeopardize any business strategy designed for these markets.
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[...] or judicial, ie, constitutes res judicature. Important is to note that the invalidation of an international registration shall in the cases, not only that the action and the failure by resolving to place, be made within [...]