We have in our webpage all the instructions you need to follow and you can verify the estimate for your trademark online. Once you contact us and provide all the information, we have the capacity to ensure that your application will be filed and the process will be followed by a professional to assure that it takes the minimum time to be granted.
For more information contact us: info@brlatina.com
You can check the status of your trademark application with our Clients Portal, a unique platform that will allow you to be informed of every step of the process of the application.
If you have questions about our Clients Portal contact us at: info@brlatina.com
After the first recordal of a new application, the owner or the owner’s attorney of the record, if provided, will receive a Certificate of Recordal depicting the mark, the owner’s information, and the date of recordal from which renewals are to be calculated.
If you have questions about applying for a trademark application you can contact one of our legal agents.
Contact us at: info@brlatina.com
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from the services provided by others, and to indicate the source of the services.
Usually when you want to file a trademark application you have to do it in a specific class that follows the official classification that each country chooses to use.
Most Latin American countries use the Nice Classification http://www.wipo.int/classifications/nice/en/ however some such as Argentina and Brasil have their own classification that varies compared to Nice’s.
Some countries allow that in one single application several classes of products and/or services be included whilst others a separate application must be filed for each class of products and/or services.
Among the countries that allow them are: Chile, Colombia, Dominican Republic, Panama, Peru and Uruguay
Countries that don’t allow multiclass trademark registration are:
Argentina, Bolivia, Brazil, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Paraguay and Venezuela.
A patent for an invention is the grant of a property right to the inventor. Patents are granted for new, useful and non-obvious inventions for a period of 20 years from the filing date of a patent application, and provide the right to exclude others from exploiting the invention during that period.
The procedures vary significantly from one country to another, so it is impossible to provide an exhaustive step-by-step overview.
But if you would like to know the specific procedure of a Latin American country contact our customer service at info@brlartina.com and we will be in touch in minutes.
A Patent protection is granted for a limited period, generally in most countries of Latin America is for 20 years from the filing date of the application.
For more information contact us at: info@brlartina.com
The local governmental patent and trademark offices are:
Argentina: Instituto Nacional de la Propiedad Industrial (INPI)
http://www.inpi.gov.ar/
Brazil: Instituto Nacional Propiedade Industrial (INPI)
http://www.inpi.gov.br/
Bolivia: Servicio Nacional de Propiedad Intelectual (SENAPI)
www.senapi.gob.bo/
Chile: INSTITUTO NACIONAL DE PROPIEDAD INDUSTRIAL (INAPI)
http://www.inapi.cl
Colombia: Superintendencia de Industria y Comercio (SIC)
http://www.sic.gov.co/
Costa Rica: Registro Nacional República de Costa Rica
http://www.rnpdigital.com/
Dominican Republic: Oficina Nacional de Propiedad Intelectual (ONAPI)
http://www.onapi.gov.do/
Ecuador: Instituto Ecuatoriano de la Propiedad Intelectual (IEPI)
http://www.iepi.gob.ec/
El Salvador: Centro Nacional de Registros (CNR)
http://www.cnr.gob.sv/
Guatemala: Registro de la Propiedad Intelectual Ministerio de Economía
https://www.rpi.gob.gt/
Honduras: Dirección General de Propiedad Intelectual (DIGEPIH)
http://www.digepih.webs.com/
México: Instituto Mexicano de la Propiedad Industrial (IMPI)
http://www.impi.gob.mx/
Nicaragua: Registro de la Propiedad Intelectual (RPI)
http://rpi.mific.gob.ni/
Panama: Dirección General del Registro de la Propiedad Industrial (DIGERPI)
http://www.digerpi.gob.pa/
Paraguay: Dirección de Propiedad Intelectual
http://www.dinapi.gov.py/
Perú: Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI)
http://www.indecopi.gob.pe/
Uruguay: Consejo de Derechos de Autor Ministerio de Educación y Cultura
http://www.mec.gub.uy/
Venezuela: Servicio Autónomo de la Propiedad Intelectual (SAPI)
http://www.sapi.gob.ve/
The patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner’s consent.
The law also provides for the granting of a patent to anyone who has invented or discovered and asexually reproduced any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state.
Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc.
The patent laws provide for the granting of design patents to any person who has invented any new and non-obvious ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features. The proceedings relating to granting of design patents are the same as those relating to other patents with a few differences.
The inventor or a person to whom the inventor has assigned or is under an obligation to assign the invention, may apply for a patent.
If the inventor is deceased, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is legally incapacitated, the application for patent may be made by a legal representative.
If an inventor refuses to apply for a patent or cannot be found, a joint inventor may apply on behalf of the non-signing inventor.
If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes only a financial contribution is not a joint inventor and cannot be joined in the application as an inventor.
Any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement may obtain a patent fulfilling the conditions and requirements of the respective country where the person wants to file the patent.
Process: The word process is defined as a process, act, or method, and primarily includes industrial or technical processes.
Machine: The term machine used in the statute needs no explanation.
Manufactured: The term manufacture refers to articles that are made, and includes all manufactured articles.
Composition: The term composition of matter relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds.
These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.
A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.
Utility patents: may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
Design patents: may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
Plant patents: may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
If you want more information about these patents and the requirements you need to fulfill to file an application contact us at: info@brlatina.com
A patent holder may challenge the standing of a petitioner in the preliminary response. For example, a patent holder may provide evidence that the petitioner has filed a civil action challenging patentability prior to filing the petition or that the petitioner otherwise is stopped from challenging the patent owner’s claims.
Argentina: the Argentinean PTO: The National Industrial Property Institute INPI offers online searches, but not online filings.
http://www.inpi.gov.ar/conweb/Marca.asp
Bolivia: The Bolivian PTO: The National Service of Industrial Property, SENAPI (www.senapi.gob.bo) does not offer registration or searching online.
Chile: The Chilean PTO: The National Institute of Intellectual Property (INAPI) (http://www.inapi.cl/) offers searches and filing online. But first it is necessary to do a register process in the INAPI database, if you are not Chilean, also you need designate a Chilean lawyer. This is according to the Law No. 19.039 on Industrial Property (Consolidated Text by Decree-Law No. 3).
For searches this is the link:
http://www.inapi.cl/index.php?option=com_wrapper&view=wrapper&Itemid=55&lang=es
Colombia: The Colombian Trademark and Patent Office: The Superintendence of Industry and Commerce (SIC) (www.sic.gov.co/) allows the searching and filing online. But it is necessary to complete the application process: to Do the presentation of the support documents in physic.
Ecuador: The Ecuadorian PTO: The ECUADORIAN INSTITUTE OF INTELLECTUAL PROPERTY.-IEPI (www.iepi.gob.ec) does not offer registration or searching online.
Mexico: The Mexican Institute of industrial property IMPI (www.impi.gob.mx) offers online searches, but not online filings.
For searches this is the link:
http://siga.impi.gob.mx/wb/SIGA/SIGA_busqueda_simple
http://marcanet.impi.gob.mx/marcanet/controler/
Panama: The Panamanian PTO: the General Directorate of Registration of Industrial Property (DIGERPI) of the Ministry of Commerce and Industry (https://www.digerpi.gob.pa/) offers searches and filing online. But for the filing trademark application it is necessary to do a register process in the DIGERPI database, if you are not Panamanian, You have to designate a panamanian lawyer (According to Law No. 35 of May 10, 1996 this should be done by practicing Panamanian lawyer).
For searches you have to go to “DIGERPI EN LINEA” web site.
Peru: The Peruvian PTO: the National Institute for the Defense of Competition and Protection of Intellectual Property Rights (INDECOPI) offers searching online and filing online .
This institution has some free services and other paid services. The filing trademark application, and the search of trademarks are paid services.
For the filing trademark application online it is necessary to do a register process in the INDECOPI database and to pay the services cost.
Searching: http://www.indecopi.gob.pe/0/modulos/JER/JER_Interna.aspx?ARE=0&PFL=11&JER=279
Filing: http://systems.indecopi.gob.pe/registroSolicitudes/
Venezuela: the Venezuela Trademark and Patent Office: the Autonomous Service for Intellectual Property SAPI (www.sapi.gob.ve) offers online searches (for use this service It is necessary to do a register process in the SAPI database). The Sapi does not have online filing.
For searches this is the link: http://webpi.sapi.gob.ve/
Designs protect the novelty and the singular character of products, while the registration of a three-dimensional trademark protects the distinctive character of the sign against other existing signs are used for the same goods or services.
An original form may not register as a trademark if it does not meet the condition to be distinctive in relation to the goods or services for which application has been made.
A product where drawing is applied or a model is incorporated and has begun to be commercialized years before submitting the application for registration shall be registered, but any third party interested could do that the application is declared null due to lack of novelty.
Trademarks can be renewed indefinitely for periods of ten years, while a registered drawing, community designs and models have a maximum duration of 25 years from the date of application for registration.
- If it does not have a clear aesthetic appearance.
- If it is a method or principle of construction.
- If the designs features dictated solely by function.
- If integral parts which consist features that dependent upon the appearance of another article.
- If differs only in immaterial details or in features commonly used in the relevant trade.
- If the designs those are contrary to public order or morality.
Industrial designs make a product attractive and appealing to customers.
1. Design makes consumer’s choice: the appearance of a product can be a key factor in the consumer’s purchase decision. In other words, the success or failure of a product may rest, at least partially, on how it looks. Industrial designs can therefore be very important for both small- and medium sized enterprises.
2. Having an original and attractive design on the product may not be relevant if is not registered, since it will not be unique and will allow others to use the same design for the same product or even other products, creating confusion in the customer.
With BR Latina you have professional help in all the process: creating and registering the industrial design.
When filling an application timing is very important, taking into account the originality requirement for industrial designs in most legislation, it is in general crucial to file an application for registration or for the grant of a patent before publicly disclosing it, to avoid destroying its originality. If the industrial design has already been disclosed to the public for example, by an advertisement published on the company’s website, it may no longer be considered as “new” or “original” and may become part of the public domain.
In general, in order to obtain protection for industrial designs in more than one country, an application for the registration of an industrial design or for the grant of a patent for an industrial design must be filed in each country where protection is sought, in accordance with the law of that country.
With BR Latin America is easier since we have a one stop solution for you, you just tell us on which countries you are interested and we make it happen for you with just ONE power of attorney.
An industrial design right protects only the appearance or aesthetic features of a product, whereas a patent protects an invention that offers a new technical solution to a problem. In principle, an industrial design right does not protect the technical or functional features of a product. Such features could, however, potentially be protected by a patent.
Industrial design rights are usually enforced in a court, generally on the initiative of the owner of the rights, as provided for by the applicable law. The remedies and penalties vary from country to country and could be civil (injunctions to desist from an infringement, payment of damages, etc.), criminal or administrative.
Industrial design rights are granted for a limited period. The duration of the protection of industrial designs varies from country to country, but it amounts at least to 10 years. In many countries, the total duration of protection is divided into successive renewable periods.
In most countries, an industrial design needs to be registered in order to be protected under industrial design law as a “registered design”. In some countries, industrial designs are protected under patent law as “design patents ”.
Industrial design laws in some countries grant – without registration – time- and scope limited protection to so-called “unregistered industrial designs”.
Depending on the particular national law and the kind of design, industrial designs may also be protected as works of art under copyright law.
Industrial designs are applied to a wide variety of products of industry and handicraft items: from packages and containers to furnishing and household goods, from lighting equipment to jewelry, and from electronic devices to textiles. Industrial designs may also be relevant to graphic symbols, graphical user interfaces (GUI), and logos.
The owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.
An industrial design constitutes the ornamental or aesthetic aspect of an article. Is the professional service of creating products and systems that optimize function, value and appearance for the mutual benefit of user and manufacturer. An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color.
Do you need to know how to issue POAs for your legal representation in trademark and patent issues in Latin American countries?
We have created a ABC Guide to POAs for Latin American Countries for you.
Learn about the requirements and procedures for a Power of Attorney in:
This is a summary of the current procedures for POAs:
Whenever you get one of our legal products, you will get special instructions for your POA, this Guide is intended for informational purposes only.
Consular legalization is required not only for POAs, but also for all kinds of documents in IP procedures. It’s a very important procedure, since all procedures depend on the validity of the POA and its attachments.
Legalization is made before the Consulate of the country where you need to use the POA. This is easy when your country has the required Consulate, however, it is possible that a certain country has very few consulates around the world, and you won’t find the one you need.
When you find this problem, there’s a procedure to legalize documents through other Consulates.
A trademark is a sign capable of distinguishing the goods or services of one company from others in the market. A trademark includes any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one company or seller from goods manufactured or sold by others.
It is difficult to predict exactly how long it will take an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately three weeks after filing, which will include the serial number of the application.
It also depends on the type of trademark your filing, the country where your applying and if it receives any opposition.
The local governmental patent and trademark offices are:
Argentina: Instituto Nacional de la Propiedad Industrial (INPI)
http://www.inpi.gov.ar/
Bolivia: Servicio Nacional de Propiedad Intelectual (SENAPI)
www.senapi.gob.bo/
Chile: INSTITUTO NACIONAL DE PROPIEDAD INDUSTRIAL (INAPI)
http://www.inapi.cl
Colombia:Superintendencia de Industria y Comercio (SIC)
http://www.sic.gov.co/
Ecuador: Instituto Ecuatoriano de la Propiedad Intelectual (IEPI)
http://www.iepi.gob.ec/
México: Instituto Mexicano de la Propiedad Industrial (IMPI)
http://www.impi.gob.mx/
Panama: Dirección General del Registro de la Propiedad Industrial (DIGERPI)
http://www.digerpi.gob.pa/
Perú: Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI)
http://www.indecopi.gob.pe/
Venezuela: Servicio Autónomo de la Propiedad Intelectual (SAPI)
What is the time frame for a third party to file an opposition in a trademark application procedure?
Starting from publication, third parties can file an opposition during a trademark registration procedure.
30 labour days: Argentina, Bolivia, Chile, Colombia, Ecuador, Peru, Venezuela
45 labour days: Dominican Republic
Two months: Panama
Not possible to file an opposition: Mexico
In Latinamerica, some countries allow multiclass trademark registration, among those are Chile, Dominican Republic and Peru
Nevertheless, the official fee does not comprehend the application as one, and it has to be paid for every additional class as if it were a single class application.
Countries that do not allow multiclass trademark registrations are:
Argentina, Bolivia, Colombia, Ecuador, Mexico, Panama, and Venezuela.
Certification marks is a sign certifying that the goods or services in respect of which it is used are of a particular origin, material, mode of manufacture, quality, accuracy, performance, or other characteristic.
Certification marks may be used by anybody who complies with the standards defined by the owner of the certification mark. One requirement to apply for a certification marks is that the entity which applies for registration is considered “competent to certify” the products concerned.
A Collective trademark is a trademark owned by an organization such as an association, used by its members to identify themselves with a level of quality. Collective trademarks are signs which distinguish the geographical origin, material, mode of manufacture or other common characteristics of goods or services of different enterprises.
A trademark gives value and protection to a business, since they are protected by the intellectual property. This are some of the benefits you will have once you register your trademark:
- You will have a constructive notice nationwide (in the country where you file the application) of the trademark owner’s claim.
- Ownership of the trademark.
- Protection for your trademark.
- Registration can be used as a basis for obtaining registration in foreign countries.
- Registration helps you prevent the infringing of your trademark.
Remember that our job is to protect your trademark, your business.
With BR Latin America you can file a trademark application in 18 countries of Latin America:
Argentina
Bolivia
Brazil
Chile
Colombia
Costa Rica
Ecuador
El Salvador
Guatemala
Honduras
Mexico
Nicaragua
Panama
Paraguay
Peru
Uruguay
Venezuela
Contact us: info@brlatina.com, if you are interested in filling a trademark application in one or more of the countries listed above.
Every country has a Trademark Official Gazette that is a weekly publication that the Trademark Office does to keep the applicants or community informed about the trademark applications they are managing and publishes newly registered trademarks.
If you want to know updates about the processes or applications published on the gazette where your filing your application you can contact us at: info@brlatina.com
A trademark search is a review of various information, including trademark databases, and occasionally commercial and marketplace resources, typically designed to determine whether a particular trademark is available for use without risk of infringement of the rights of a prior user or registrant, and registration, referring to the criteria for registrable trademarks under local laws.
A trademark search also can help answer other questions, including whether a proposed trademark is distinctive or diluted, and which trademarks a particular company owns.
It is advisable to conduct a search of the office records before filing an application.
Searching first helps to ensure that the use of any proposed trademark will not infringe the rights of another party, and thus reduces the risk of any challenge or lawsuit from the owner of prior rights in a trademark or trade name.
Assessing both the registrability and the availability for use of a mark will also help to determine the overall picture of the commercial environment surrounding a proposed mark. For example, even though a mark may be available for use and/or registration, it may be a weak mark owing to the popularity of other similar marks.
Applicants are not obliged to hire an attorney for assistance with trademark filings, although it may be desirable to employ an attorney who is familiar with trademark matters, since their might be opposition and requirements that are confusing and in terms that are not easy to understand.
Must of the time people need advising in their filling and need to follow some instructions depending on the country that wants to register the trademark/patent or an IP matter, having in mind that every country have different requirements and jurisdictions.
Do you have any questions in trademark registration or patent protection? Get an estimate