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Amendments to Trademark Laws

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Jan 18, 2013 (Newsletter Issue 1/13)
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Manual on Trademark Practice for Collective Marks Changed

The Manual of Trademark Practice for collective marks focusses on the particularities which affect this type of mark in comparison to individual ones. It was changed recently, in order to reflect some recent decisions of the Board of Appeal.

The new version allows any legal person governed by public law to become an owner of a CCTM.

Before that ownership of collective CTMs was limited to (i) associations of manufacturers, producers, suppliers of services, or traders which, under the terms of the law governing them, have the capacity in their own name to have rights and obligations of all kinds, to make contracts or accomplish other legal acts and to sue and be sued; and (ii) legal persons governed by public law. The definition of the first type of owners did not present difficulties. As regards the legal persons governed by public law, the former Manual required that they must have members who have the right to influence the regulations of use of the mark. Under the former practice, ‘Consejos Reguladores’ could be owners, but not individual municipalities. This had created some difficulties and controversial opinions.

Source: www.