IPTango: certification mark

Showing posts with label certification mark. Show all posts

Tuesday, 8 December 2020

Products and Services: a guarantee of regionalism for the Amazonian people

Patricia Covarrubia December 08, 2020 No comments:

The Peruvian National Intellectual Property (INDECOPI) brings us the news that the Regional Government of Amazonas has received a certification mark. ‘Purum Machu’ is the selected certification mark for the region, which seeks to promote and boost the economy of the region.

A certification mark, like its counterpart trade mark, is a distinctive sign that is applicable to both products and services whose quality is guaranteed by the owner of the mark. The development of the certification marks was brought by regional and local organizations aiming to differentiate products and services due to their territorial origin. ‘Purum Machu’ was registered for use on the Nice classification for products under 24 (textiles), 29(foodstuff of animal and vegetable origin), 30 (foodstuff of plant origin except for fruit and vegetables), 31 (land and sea products that are not I need of preparation for consumption),33 (mainly alcoholic beverages but beer); and services 39(transport of people, animal or goods) and 43 (providing food, drinks, and temporary accommodation). The request to be authorized to use the mark will be free for the first year.

In accordance with Andrei Guerrero Garcia, who is the Regional INDECOPI leader, ‘Purum Machu’ signifies, Amazonian ‘live culture’, ‘tradition’, ‘identity’. Purum means ‘savage’, ‘not Christianised’, ‘gentile’; and Machu that signifies ‘old’, ‘ancient’; these together identify the Amazonian region, and more specifically, the Chachapoyas (Warriors of the Clouds) culture. Searching at UNESCO ‘search tool’ just the word ‘Amazon’, one can see the wealth of culture that exists in the region which covers several South American countries.

Last year, around the same time, the INDECOPI granted for free 164 collective marks, which helped small organizations, including artisans, farmers, and a few directly involving ‘native communities such as ‘Comunidad Shampuyacu’; and ‘Communidad nativa Chirikyaku’.

ASIPI launches the interactive map of AOs, GIs, collective and certification marks

Verónica Rodríguez Arguijo August 30, 2020 No comments:

The Inter-American Association of Intellectual Property (ASIPI) launched the interactive map of appellations of origin (AOs), geographical indications (GIs), collective and certification marks of the Americas.

The Committee of Geographical Indications of ASIPI carried out the project which aims “to provide a tool that, in addition to being a source of consultation, would allow interaction for feedback and permanent updating”.

The interactive map allows to sort per country, and it is available in Spanish and English. A brief description of the GIs, AOs or marks is displayed when they are selected, and the relevant regions are highlighted on the map.

So far, the AOs, GIs, collective and certification marks* of the following countries are available on the map:

Argentina
Belize*
Bolivia
Brazil
Chile*
Colombia,
Costa Rica*
Cuba
Dominican Republic
Ecuador
El Salvador
Guatemala
Jamaica
Mexico
Nicaragua
Panama
Peru
Puerto Rico
The United States*
Venezuela

ASIPI encourages to submit here and here any updates or additional information concerning the map.

Image of Arek Socha on Pixabay.

Chile on promoting national products

Patricia Covarrubia September 12, 2019 No comments:

In Sept 2019, the Chilean Intellectual Property Office (INAPI) and Pro Bono Foundation signed a cooperation agreement seeking to promote the ‘education and culture of industrial property protection.’ The aim is to disseminate and guide users about ‘how to protect their brands and innovations’.

Background: Pro Bono is a NGO and a non-profit organization launched back in 2000. The organization ‘promotes and facilitates democratization in access to justice for the benefit of vulnerable people and groups and social organizations.’ It is made of 39 legal firms, 10 companies and an array of lawyers.

One of the key areas will be the use of ‘sello de origen’ - seal of origin, which aims to preserve and stimulate particular forms of traditional manufacturing/production, traditional crafts, and unique ‘national’ products. The purpose of ‘sello de origen’ is to promote the ‘adequate use of industrial property tools for the recognition and protection of Chilean products through the registration of Geographical Indications (GI), Denominations of Origin (DO), Collective (CoM) and Certification Marks (CeM)’. Check our previous post on this here.

There are six regions in continental Chile and as on the 12th of Sept 2019, the following products are benefiting (or to benefit) from these tools:

Norte Grande
Oregano de la Precordillera de Putre (oregano) – registered as GI
Aceitunas de Azapa (olives) – registered as GI
Maíz Lluteño (corn) – registered as GI
Limon de Pica (lime) – registered as GI

Norte Chico
Aceite de Oliva del Valle del Huasco (olive oil) – registered as DO

Centro
Manos de Isla negra (textiles handicraft) – registered as CeM
Dulces de Ligua (sweet pastries) – registered as GI
Sabor Limachino (tomatoe) – registered as CeM
Chicha de Curacaví (alcolic drink) – registered as DO
Dulces de Curacaví (sweet pastries) – registered as GI
Viñedos Casablanca Route (wine products) - registered as CoM
Sandía de Paine (watermelon) – registered as GI
Corazón de Paine (watermelon_ - registered as CoM
Chamantos y mantas corraleras de Doñihue (textiles) – registered as DO
Sal de Cahuil - Boyeruca Lo Valdivia (salt) - registered as DO
Alfarería de Pomaire (traditional clay jars) – registered as DO
Crin de Rari (miniature knitting) – registered as DO
Loza de Pilén (clay pots) – registered as DO
Puerro Azul de Maquehue (leek)– pending as GI
Mieles Altos de Cantillana Producida en Alhué 100% Natural (honey) – pending as a CoM

Sur
Alfarería de Quinchamalí (sweet pastries) – registered as DO
Tomate Angolino (tomatoes) – registered as GI
Prosciutto de Capitán Pastene (ham) – registered as DO
Piedra Cruz (semiprecious stone) – registered as DO
Sidra de Punucapa (cyder) – registered as DO
Cerveza Valdiviana Región de Los Rios (beer) – registered as CoM
SIPAM Chiloé (agricultural patrimony products) – registered as CeM
Cordero Chilote (lamb) – registered as GI
Chupallas de Ninhue (traditional handmade hats) – registered as DO

Austral
Calidad Aysén Patagonia-Chile (products and services) – registered as CeM

Insular
Atún de Isla de Pascua (tuna) – registered as GI
Langosta de Juan Fernández (lobster) – registered as GI
Cangrejo Dorado de Juan Fernández (crab) – registered as GI
Joya Negra del Pacífico (handicraft) – registered as CeM

The first non-traditional trademark registrations have been granted in Mexico

Verónica Rodríguez Arguijo May 03, 2019 No comments:

This post was first published on The IPKat blog:

The Mexican Industrial Property Law was significantly amended last year through two batches of amendments. Read this Kat's reviews on the first batch here and the second one here and here.

The second batch of amendments to the Law entered into force on 10 August 2018 and modified a number of provisions related to trademarks. One such amendment provides that trade dress, scents, sounds, holograms, the combination of colors and certification marks are entitled to trademark protection under Mexican IP Law.

Non-traditional trademarks and other amendments to the Mexican IP Law (Second Part)

Verónica Rodríguez Arguijo April 27, 2019 No comments:

This post was first published on The IPKat blog:

This Kat summarizes in the second part of the report on the second batch of amendments to the Mexican IP Law, the highlights of the provisions thoroughly modified in relation to trademarks and administrative procedures. Read the first part here.

Trademarks

Let’s dive into the amendments to Mexican IP Law!

Specific products and services. According to article 113 section IV, the specific products or services to be covered by the mark must be indicated in the application form.

Co-existence agreements and letters of consent. The grounds for refusal of a trademark registration established in sections XVIII, XIX and XX of article 90 (which inter alia refer to signs confusingly similar to another in respect of which a pending application has been filed or a trademark registration in force) are not applicable to confusingly similar trademarks when the “… consent is expressed, in writing, in accordance with the Regulations of … [the] Law”.

Brazil: shaping the examination process

Patricia Covarrubia August 04, 2017 No comments:

Collective marks, certification marks and 3-D shape trade marks require specific requirements in Brazil. Additional documentation is needed for these type of marks and thus, the application process and its examination takes time and expertise.

"I spy with my little eye..."

As it is expected these applications have a long process – adding to the backlog that the INPI already has. Yet, the INPI acknowledges that since 2013, it has been adopting administrative measures to remedy this. It now affirms that applicants may expect to receive the first review in about six months.

The data released by INPI shows that approx. 900 applications for collective marks per year are received; 300 for certification marks and; 160 3-D. However, it admits that in cases of collective and certifications marks 90% of applications are wrongly classified or do not submit certain and crucial documentation. In regards to 3-D marks it notes that applicants need to submit images of all views of that object which needs to have a ‘specific format’ be ‘unique and different from the competition’ and more importantly, the shape cannot be dictated by a technical utility (technical function). It also elaborates that a 2-D draw of a mark ‘with shadow or volume effect does not configure a three-dimensional mark.’

Finally it informs that there are currently 476 3-D marks, 273 collective marks and 68 certification marks registered.