OM Weekly Digest (09-06-2016)

 

MEXICO | Trademarks | Trademark oppositions in Mexico will enter into force on 30 August 2016

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On 1 June 2016 the Official Journal of the Federation published the Decree that changed Mexican IP Law and now provides for trademark oppositions.

The Decree will enter into force as of  30 August 2016 and will allow parties to file trademark oppositions against applications within one month following publication.

Please note that opposition procedure does not ascribe the opponent as party in interest, third party or litigant, and shall not prejudge trademark examination results.

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LATIN AMERICA| Intellectual Property | State of PCT and trademark international applications filed from Latin America in 2015

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According to the World Intellectual Property Organization (WIPO), during 2015, 1357 PCT applications were filed from the region, which means a 3.8% reduction compared to 1410 applications submitted in 2014.

Latin American countries ranking near or above 100 PCT applications by origin are Brazil, Mexico, Barbados, Chile and Colombia, with a considerable gap regarding the next on list –Argentina-, which has an average of 30 applications.

Mexico, Colombia and Belize stand out as origin countries with most trademark applications via Madrid System, with 91, 32 and 22 designations. Mexico and Colombia take the lead as designated countries (with 10569 and 4777 designations), followed by Cuba -with 2084 designations-.

México is among the Madrid System top ten most designated members.

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COLOMBIA | Trademarks | Superintendence of Industry and Commerce protects “LA TIENDA AZUL” and “CIELO AZUL” trademarks by denying “TIENDA DEL AZUL CIELO” registration

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The TM Office considered a risk of confusion between “TIENDA DEL AZUL CIELO” -or Blue Sky Store-,  and two registered trademarks: “LA TIENDA AZUL” –The Blue Store– and “CIELO AZUL” –Blue Sky-.

The rejected trademark belonged to the same class as the registered trademarks, Class 25 of the Nice International Classification (Clothing, footwear and headgear).

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COLOMBIA | Consumer Law | Sale of laser pointers exceeding 1 miliwatt is temporarily suspended

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The decision –adopted by the Superintendence of Industry and Commerce (SIC) by means of Regulation 33767 (2016)– seeks to prevent damage or injury to consumers while a final decision is adopted.

The investigation began on 2015, product of a report provided by Medellin Mayor’s Office to the SIC, which warned of an eye injury caused to a 19-years old person with a laser pointer.

The measure put a ban on the sale of laser pointers exceeding 1 milliwatt and applies for 60 days from 31 May 2016, while a final decision is taken.

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CHILE and ECUADOR | Intellectual Property | Chilean and Ecuadorian IP Offices change payment procedures for some matters

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In the Chilean case, the National Institute of Industrial Property (INAPI) will enable online payment for publication of patents and inventions as of 15 June 2016.  Until now, e-payment was only available for trademarks procedures.

Regarding Ecuador, the Ecuadorian Patent Office (IEPI) since 23 May 2016 issues a reference number associated to each IP procedure in order to avoid having to submit payment receipts before IEPI.