How are well-known trademarks protected?
Article 44 of the Law of Trademarks and Other Distinctive Designs establishes recognition to the owner of a well-known trademark, of his right to prevent illegal use of the notoriety of a trademark, the erosion of its distinctive strength or commercial or advertising, by third parties without any rights. On its own initiative, or by request from the owner, the Industrial Property Registry may reject or cancel registration, or prohibit the use of a manufacturing or commerce trademark, or of the services trademark, that constitutes reproduction, imitation or translation of a well-known trademark that is used for identical or similar goods, which may be susceptible of causing confusion. Likewise, it states that the Intellectual Property Registry will not register as trademark designs that are the same or similar to those of a well-known trademark, to apply them to a product or service, when use of the trademark by the applicant of the registration may cause confusion or risk of associatio
