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Intellectual Property Bulletin

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BOLIVIA, COLOMBIA, ECUADOR AND PERU

COURT OF JUSTICE OF THE ANDEAN COMMUNITY CONCEPTUALLY STRENGTHEN THE DIFFERENCE BETWEEN THE TRADE NAME, CORPORATE NAME AND TRADE EMBLEM

The Court of Justice of the Andean Community issued preliminary ruling No. 522-IP-2017, in regards to the case of trademarks ULTRAGAS&DESIGN, GAS EVOLUTION (word) and the name and trade mark GAS&DESIGN. In the mentioned ruling, the Andean Community Court confirms that the protection granted to the trade name is subject to its real and effective use in relation to the establishment or the economic activity that distinguishes the same.

 

In addition, the Court explains that an entrepreneur can have several establishments with the same trade emblem or sign, which the consumer recognizes all belong to the same entrepreneur. On the other hand, the Court states the corporate name is the distinctive expression contained in the trade emblem or signs of each establishment, whereas, the trade name, is what the consumer appreciates as a whole encompassing the: entrepreneur, economic activity and establishments.

Therefore, the trade name helps consumers to identify a particular entrepreneur and what he represents in the market. The Court also considers that, in some cases, consumers favor the economic activity, while others privilege the establishment, at the time of individualizing an entrepreneur. Accordingly, the Court establishes that the trade name, according to Article 190 of Decision 486, identifies as a sign, the entrepreneur, the economic activity or an establishment.