Monday, 3 May 2010

Blurring, tarnishment, intent-to-use in Puerto Rico

"New legislation streamlines trademark regime", an article on International Law Office by Eugenio J Torres-Oyola (Ferraiuoli Torres Marchand & Rovira) summarises the trade mark regime operating in Puerto Rico following the passage into law of Act 169 of 16 December 2009. Something of a jurisprudential hybrid, Act 169 incorporates elements of the previous local trade mark statute, the US Lanham Act and the Model State Trade Mark Act.

Among other things, Act 169 introduces into local law some explicit provisions to deal with infringement through blurring and tarnishment, as well as stipulating that the registration of a domain name that is identical or confusingly similar to a registered trade mark will be an infringement.

Greater protection is offered for registered intent-to-use trade marks, though a statement of use must be filed in the fifth year following registration. However, a trade mark will now be considered to have been abandoned after three years of non-use.

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