Razas distintas
Published date | 05 December 2013 |
Date | 05 December 2013 |
Law Firm | Marval O'Farrell Mairal |
La Sala 3 confirmó la sentencia de primera instancia y aprovechó la oportunidad para referirse al interés legítimo del solicitante y al principio de especialidad.
En cuanto al primer tema, tuvo por suficientemente probado el interés del solicitante y reiteró la amplitud de criterio con que debe medirse la existencia de interés en cabeza del requirente de una marca. En una breve pero interesante referencia a este concepto, señaló que la marca debe cumplir con una finalidad acorde con el sistema legal y enumeró los distintos supuestos en los que se verifica esa finalidad:
a. el uso para distinguir un producto o un servicio;
b. la defensa de la misma marca usada en la comercialización de un producto o en la prestación de un servicio incluido en otras clases; y
c. la designación de una actividad.
Es sabido que, en términos prácticos, en los conflictos con “marcas de defensa” el acercamiento permitido entre las marcas es mayor que si se tratara de conflictos que...
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