Tuesday, 17 June 2008
The current issue of the International Trademark Association's INTA Bulletin (Vol. 63, No. 11) carries a short feature entitled "INPI Signals More Flexible Approach to Trademark Coexistence". Written by Raquel Flanzbaum and Manuel Alonso (Mitrani, Caballero & Ojam Abogados, Buenos Aires), it summarises the current position under the Argentine trade mark law. Till now, no mark may be registered if an identical or almost identical mark has already been applied for or registered for the same goods or services by someone else. While INPI, the national rights administration bureau, has applied this rule irrespective of whether the applicant and the earlier rights holder/applicant have entered into a coexistence agreement -- but recent cases indicate that INPI has softened its position, taking such agreements into account.