Uso de marca y caducidad
Date | 21 February 2013 |
Published date | 21 February 2013 |
Law Firm | Marval O'Farrell Mairal |
La actora había planteado, entre otras cosas, la reivindicación de varios registros y solicitudes de marcas del demandado, y, en forma subsidiaria, su nulidad. El Juez de Primera Instancia no hizo lugar a la reivindicación, pero si a la nulidad de los registros y solicitudes de marca.
La Cámara consideró que el instituto de la reivindicación de marca está reconocido por nuestra legislación, pero decidió que no era aplicable en este caso por no reunirse las condiciones necesarias para su concesión. El Tribunal tuvo en cuenta que al tiempo de las solicitudes originales efectuadas por el Sr. Nístico en Argentina, la actora no era titular de las marcas en conflicto en el extranjero, por lo que no procedía la acción de reivindicación de los signos, ya que de lo contrario se le otorgaría una prioridad que dudosamente le correspondiera.
No obstante ello, la...
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