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NULLITY OF TRADEMARK REGISTRATIONS

 

• Enforcing Disposition:
- Articles 172, 173 and 78 of Decision 486 of the Andean Community Commission.

• Requirements for applying for a nullity:
- Plaintiff's name.
- A duly notarized and legalized Power of Attorney granted by the applicant which must certify the signatory representation.
- Voucher proving the payment of the corresponding rate.

A. Relative Nullity
It occurs when a registration has been granted by infringing Article 136 of Decision 486 of the Andean Community Commission or when the applicant has acted in bad faith. The relative nullity action prescribes in 5 years from the granting date of impugned registration.

B. Absolute Nullity
It occurs when a registration has been granted by infringing what is set forth in the following articles:

• Article 135 of Decision 486 of the Andean Community Commission, which refers to the absolute obstacles for registration, and.
• First paragraph of Article 134 of the above mentioned Decision, which refers to the trademark registrability requirements.

Remarks .-
The nullity request shall not be allowed if the matter at issue was subject to an opposition under the same grounds and involving the same parties, or other parties deriving their rights from the first ones, this is in accordance with Article 73 of Legislative Decree 1075.



 

LEGAL ACTIONS TRADEMARKS PATENTS
Trademark cancellations
Nullity of trademark registrations
Clamming actions
Actions due to infringement of rights
Lawsuits before de judiciary
Other administrative acts
Definition
Documents required
Recording Licenses and Transfers
Definition
Documents required