July 1st, 2015 by Camila Cooper
Did you know that you can register your name as a trademark in sports?
Many athletes know this and they obtain many benefit from this. Radamel Falcao, know as the ¨Tiger¨ or ¨Tigre¨ from Colombia’s soccer team, has a company named, Business Tiger S.A.S., his company manages all the sponsoring contracts and profits that the trademark FALCAO earns. Radamel Falcao had many trademark lawsuits with people that tried to use and register his name without permission. The superintendence of Industry and Commerce of Colombia was in favor of the soccer player and kept on protecting his name as his trademark.
In Latin America there are legal mechanisms that allows you to register your name, a dance or that special something that identifies you from others nationally or even internationally. Leonel Messi, Cristiano Ronaldo, James Rodriguez, Mariana Pajon, Pastor Maldonado, Felipe Massa are people that are aware of the importance of their names, so they registered their names as a trademark.
Intellectual Property protects legally everything on the world’s market; it protects creams, suitcases, shoes, scientific ideas, and much more elements and objects. There is a legal document named The Nice Classification (NCL), that is an international classification of goods and services applied for the registration of marks, it discriminates 45 different classes. B&R Latin America IP LLC are always to support you in this process.
It is really important for sports celebrities that practice football, baseball, soccer, tennis, golf, basketball and other sports, to protect their image and name so that they can have benefits in the sport and marketing field using its name as a trademark. Some examples are the soccer players like Messi, Cristiano Ronaldo, Beckham and James Rodriguez, these players uses their image to promote lotions, clothes, sport items and even underwear, things that are not always related to soccer but that for being a recognize person they can sell much more than what they get paid to play soccer.
Soccer teams also have benefits, for example for the Colombian soccer team, when ADIDAS, one of the biggest well known companies started sponsoring them, their image gained more fans and people were able to recognize it widely.
People that are involved in the entertainment and sport industry have much more opportunities now a days to protect their names and image to obtain sponsoring and benefits from well known companies. They have to become unique or do something that represents them so they could register and protect it by the legal terms of The Intellectual Property Industry.
Sports tournaments such as the one in development in Latin America, ¨La Copa America¨ of soccer, is another scenario where players and soccer teams can promote their trademarks, names, and image to get more sponsoring from other companies willing to pay millions to appear in the tournament advertisings or pay a special player to promote their product or services.
In La Copa America 2015, the most important companies sponsoring the event and the players are; Coca-Cola, DHL, Kellogg’s, Tigo, Master Card, Kia Motors, Nike, Adidas and Puma. By having these companies on the tournament and sponsoring the profits of the soccer teams and even the personal gains of the players will grow. According to an article from a digital paper, ¨Gestión¨ from Peru in four years the soccer teams from ¨La Copa America¨ will gain in profits $1, 302 US millions. Furthermore, the players who have registered their name as a trademark will benefit from this good economic times.
This kind of situations can happen to you, if you have a great idea, an innovative dance, a great science project, a creative and recognizable name, a great product or service you can register and protect it in 18 countries of Latin America with B&R Latin America IP LLC. We can help you protect and gain more profits from you name, services and image. If these sports celebrities have done it and know the importance of their name and image, why don’t you follow their actions and protect yours!?
June 5th, 2015 by Camila Cooper
Alvaro Ramirez Bonilla, President of B&R Latin America IP LLC, is developing a new digital platform, called Kill The Patent Troll. The main purpose of this new platform is to help small, medium and big companies when they have a legal issue with a Patent Troll (PT).
Kill The Patent Troll is participating in a current campaign that has raised almost $12,000 in 15 days in Kickstarter, this type of campaigns have a 30-day funding deadline to achieve their goal, in this case the goal for Kill The Patent Troll is $50,000!
This campaign has already reached the attention of social media and some of the law firms that manages patents, thanks to their creative way to handle a problematic that has been around in the United States, Russia and know it’s reaching Europe in the last couple of years.
Joe Borstein from Above The Law mention Kill The Patent Troll as an innovative and creative campaign, ¨Alvaro Ramirez Bonilla connects victims, defendants, information and counsel. The campaign name also sounds like a sweet video game. This strikes me as a useful grassroots alternative to class action litigation. Been whacked by a troll? Whack back with Kill the Patent Troll! ™ OK, that’s not their actual pitch, but this campaign gets my vote because it uses social media and gameification to solve a collective action problem¨.
Kill The Patent Troll is not only a creative way to fight back Patent Trolls, it’s also a great opportunity to bring people together and let their knowledge help those who need it. Attorneys could find in this digital platform another place to legally win cases by creating missions and having rewards for their creative work.
At this moment Kill The Patent Troll already has the game design, they already have some of the front development and the image of the product, the trademark is already secured and the patent application is pending. The money they are raising will be used to develop the Minimum Viable Product (MVP), if they reach their goal this new digital platform will be on-line by the end of September 2015.
Link to video:
April 9th, 2015 by Camila Cooper
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of protection varies, but a trademark can be renewed indefinitely beyond the time limit on payment of additional fees. Trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit.
B&R Latin America helps you protect your products and services in 18 countries of Latin America in just one stop solution.
Contact us on firstname.lastname@example.org for more information.
In this Infographic B&R Latin America shows you what is a trademark and what type of trademarks there are:
The World Intellectual Property Organization database to search for trademark images is now functioning
March 5th, 2015 by Camila Cooper
The new world wide database for trademarks from the World Intellectual Property Organization (WIPO) allows the user to upload an image in their digital platform in order to search for other trademarks with a similar appearance and relevant data to compare it to theirs.
Last year (2014), in Hong Kong, the annual business convention for the International Trademark Association (INTA), introduced a new application, which is unique compared to other databases, private or public that the Intellectual Property (IP) has to offer. The purpose of this new technology innovation is to let the user interact in a world wide database and have access to all the trademarks, where he will find all the logotypes, label brands and other similar images.
One more benefit of this breakthrough is that this digital platform is really easy to handle, and any person that has had a minimum interaction with computers could understand how to upload an image. Besides comparing the trademarks, the application also identifies the codes for the Vienna Classification (VCL), the names registered on the titles for the trademarks, the country where it is register and others services. The search system is fast and well-organized regardless that is has 13 million files registered and 4 million images, in 15 international and national collections.
This is a great technological breakthrough for the WIPO, as this organization has focused all its efforts to encourage innovation and creativity for the Intellectual Property Division. Since they are the primary help for 187 states that are members in this organization, the WIPO is in charge in promoting a balance in the international legal frame work to satisfy all the needs that the community has.
Colombia, Mexico and Argentina are some of the countries that have this service, their procedures are different but their objective is the same, to provide a better service to users.
In Mexico the IP authority (IMPI) have system that lets the user search for other trademarks with a similar appearance by uploading an image giving them an immediately. In Argentina the National Industrial Property (INPI) have a system that they can search for a trademark but only by identity and if they want to do a phonetic search they have to get it from the Division of Technologic and Information.
On the other hand there are two countries that do not have this system of trademark search for images online: Paraguay and Uruguay.
In Uruguay, users have to go to the National Division of Industrial property (DNPI) since they do not have any type of online search to find a similar trademarks. All the procedures that they need has to be done in the DNPI. In Paraguay there is a type of search that lets the applicants compare their images with other trademarks, but they can only do this procedure in the data base of the DINAPI, users have to go to this institution and use their system to find what they are searching for.
For more information about this procedures or Industrial Property watch out for our publications
August 9th, 2014 by Geraldine Peeters
Under the Madrid Protocol, filing for an international trademark application is made a piece of cake. A single application can be filed for two or more countries if members of the Madrid Protocol. Only two countries; Colombia and Mexico in Latin America (Brazil is heading to it) are members of the Protocol. After the procedure of the protocol, the trademark gets filed after the examination of the application. This procedure has to be replied by each trademark office in each country. If everything goes by plan the application gets accepted and filed. Or the examination can result in rejection of the application.
A notification of provisional refusal forms a declaration stating the grounds on which the particular trademark office decides that protection cannot be granted in the contracting party (“ex officio provisional refusal”) or a declaration that protection cannot be granted in the contracting party because an opposition has been filed (“provisional refusal based on an opposition”) or both.
The grounds of the refusal may be absolute or relative.
- Absolute grounds include the lack of any distinctive character of the mark, the inclusion of generic marks as a trademark, the indication of quality or quantity in the trademark, marks that carry any deceiving names, that offence morality or that are contrary to honest practices
- Relative grounds may exist when the trademark that is applied for is in conflict with an earlier mark.
A notification of provisional refusal must relate to one international registration and must be dated and signed by the trademark office making it. Refusal of registration of a trademark must be provided in writing, in three languages or English, Spanish or French, which may be done by electronic means.
If a trademark office issued a provisional refusal of an application, a trademark specialist in Colombia or Mexico will need to be instructed to deal with the rejection before the local office. When a mark is subject of refusal, measures should be taken quickly. This refusal can be caused because of several reasons, it is important to find out how and when to respond to the decision of refusal. There comes the trademark specialist to the rescue. Because it would be a mistake to assume that trademark office practices and requirements are the same in every country.
A request for reexamination can be applied for by the proprietor of the mark before the office of the contracting party that has notified the refusal. Always consult with a local agent to be certain that an application conforms to local laws and practices. B&R could help you to overcome these issues and help you to register your trademarks in the fastest possible way.
June 5th, 2014 by Geraldine Peeters
The Mexican economy is one of the heavyweights of Latin America, next in line with Brazil. For example their patent applications have seen an increase of 178 % from 1995 to 2010. Translating into a steady growth over the years. As well for trademark filing a solid growth can be noted. Thanks to several international treaties that have been signed, Mexico’s general economy resulted in a prosperity.
To encourage this growth the Mexican institute for Intellectual Property implemented various programs to improve the organization’s efficiency. During 2008-2012, the IMPI put in effect a special program for improvement of Federal Public Administration Management. Furthermore the IMPI implemented the Patent Prosecution Highway to reduce the examination of patent applications. Moreover they carried out some technological changes in the system.
For example they updated the online system to file trademarks and designs, making the system more efficient. Statistics show that the reorganization of the only filing system paid off. Using the online system is easy and efficient, filing from one point, faster, safer, and more economic. You just need to register to obtain a user name and password. Register the trademark online, pay through electronic payment, sign the application with the Advanced Electronic Signature (Fiel) and send the request. Additionally in February 2013 the Madrid protocol got into force in Mexico. The advantages of using the Madrid Protocol is to obtaining registration in a fast and efficient way.
The first trimester of 2014 showed an increase of 150% in comparison with the previous year’s online filing. Online application made up about 13% of all trademark filings. It is expected that the online filing will be taking over the traditional filing system step by step. For industrial design other facts count, online filing is decreased. This probably due to the fact that designs are more complicated than trademarks are to file online.
Mexico has taken positive steps on Intellectual Property Rights. Innovation and the enforcement of IP rights are essential to economic welfare, competitiveness, growth and development.
IMPI: Marca en Linea