Region: Latin America & Caribbean

The National Trademark Office of Colombia has concluded that the annulmentof a trademark in accordance with Article 8 of the GeneralInter-American Convention for Trademark and Commercial Protection is the jurisdiction of the Supreme Administrative Court, not the National Trademark Office.

26 November 2002

Chile's Supreme Court has dismissed an action brought by MichelangeloSACI for re-registration of the CALVIN KLEIN trademark. Michelangelo is a clothing manufacturer which had registered and used the mark for over 20 years until Calvin Klein himself successfully challenged the registration in 1999.

21 November 2002

Cuba has passed a new trademark law as a result of its accession to the World Trade Organization and to comply with the TRIPs requirements. The new law includes a broadened definition of 'trademark', new filing and appeal procedures, and improved protection against infringement.

15 November 2002

The Colombian Trademark Office has issued a resolution which implements Article 135 of Andean Community Decision 486. Article 135 provides that a mark may not be registered if it lacks distinctiveness, unless the public associates that mark with a specific product or service as a result of its continued use by the trademark applicant.

12 November 2002

The Ministry of Communications has issued a resolution that entitles the government to retain control of the country-code top-level domain and ends the debate about whether '.co' may be commercialized as an alternative to '.com'.

30 August 2002

The Research Support Foundation of the State of São Paulo - the entity responsible for the registration of domain names in Brazil - has issued new rules. Companies and individuals are now free to register as many third-level domain names as they like.

07 May 2002

Following the Andes University's threat to auction off administration of Colombia's country-code top-level domain, the Council of State has determined that '.co' is a public asset, so the Ministry of Communications is the competent authority to regulate its administration.

28 February 2002

The Brazilian Superior Court of Justice has ruled that a prior user of a trade name has standing to oppose a trademark application even if the two are not in direct competition. The court's decision has the effect of empowering domain name holders in their fight against cybersquatters.

12 November 2001

American Airlines recently recovered two domain names containing its trademarks even though Brazil has not yet become a party to any dispute resolution treaties and the legislature has not yet issued guidelines on what constitutes 'bad faith' registration.

25 October 2001

Two members of the Andean Community (Colombia and Peru) are dealing with important internet-related issues - the resolution of domain name disputes and the management of country-code domains. The outcomes are expected to impact on the community as a whole.

15 October 2001