SERVICES LINKED WITH THE PROTECTION OF A BRAND
International intellectual property procedures allow the owner of a brand to protect or claim their rights against possible legal actions:
• OPPOSITION OF REGISTRATION OF A BRAND
It is almost recurring internationally that brands or products that enjoy prestige or recognition in their market, are subject to registration or misappropriation by other concurrent market agents.
For this reason at the international level and in the country where you want to register a trademark, before the registration proceeds, such claim is published, so that the persons or companies affected with the request for a trademark, can lodge opposition within the period allowed the law
• RENEWAL OF REGISTRATION OF A BRAND
Trademarks are registered for 10 years and said rights must be renewed successively for the same period. Not renewing the registration of a brand is equivalent to granting its rights to the other market agents, which could even be the same brand, similar or confusing to their intellectual rights.
• CANCELLATION OF THE REGISTRATION OF A BRAND FOR LACK OF USE
Many brands are speculatively registered to prevent their use by other concurrent market agents.
For this reason, if a registered trademark is not used after three or five years after the granting of its registration, it will be subject to cancellation (cancellation) due to lack of use.
• NULLITY OF TRADEMARK REGISTRATION
The nullity of a registration imposed a legal instrument for corrective purposes whose purpose is to annul a registration that was granted in contravention of legal requirements or when a fraudulent or bad faith registration was made to the detriment of consumers and also of the true owner of a trademark .
Consequently, international intellectual property procedures also allow the owner of a trademark to claim their rights by nullifying cases of fraudulent registrations.
• LEGAL ACTIONS FOR INFRINGEMENT OR VIOLATION OF THE RIGHTS OF A BRAND
The purpose of a trademark and its registration not only grants a monopolistic right, but also grants the power to prevent the fraudulent use of a trademark.
In this sense, defending a brand against third parties does not mean preventing the use or marketing of a product with a legitimate brand. But the right to act against third parties for the use of a deceptive brand, which is used with the deliberate intention of being misused by the confusion of the prestige of a third-party brand.
