The expert view from Rob Lucas at Shulmans LLP
The countries of Latin America, like most countries, recognise trade marks and have a developed trade mark system to secure and protect brands. Further developments are anticipated as Argentina, Brazil and Colombia are expected to shortly sign up to the Madrid Protocol allowing trade marks to be applied for and registered in these countries through the simplified application process administered by the World Intellectual Property Organisation.
Trade marks in Latin American countries last for 10 years and can be renewed at the end of this time. This will provide you or your licensees with exclusive use of your brand in the country concerned for the time you wish to use your brand.
When making an application in a Latin American country for a trade mark, it is often a big help with the application process if you already have your brand registered as a trade mark in another country.
Seeking specialist support is essential, particularly in-country specialists that can be accessed from the UK through a professional network.
If you have any questions about trade marks in Latin America, do not hesitate to contact us and we will put you in touch with an expert.
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