European IP Helpdesk

Bulletin No. 3 Trademark

12

Overview: Trademarks in Latin America in a Nutshell

Check out this useful collection of the most relevant information on trademark registration in Latin American countries. While providing core information for each country at a glance, it also includes links to more detailed guides for each country.

Guide to Trademark Protection in South-East Asia

Given the increasing prominence and attractiveness of the South-East Asian market, trademark owners should give these countries serious consideration, even if they do not have immediate plans to expand into the region. This guide provides an overview on trademark protection in South-East Asia, with a special focus on offering country-by-country details as well as web links for additional information.

Case Study: Trademark Opposition Procedure in Argentina

This recent case from the Latin America IPR SME Helpdesk reflects on IP considerations for an EU SME when expanding their business to Latin America. Being well aware of the importance of IP protection, the SME decided to expand their business to Argentina and register the company’s name and logo as well as the name of their star product as trademarks. Four months later, they were informed that their mark had already been registered in Argentina before.

Guide: International Trademark Protection through the Madrid System

The ‘Madrid System’ for the international registration of trademarks is a cost-effective solution for registering trademarks worldwide. The three International IPR SME Helpdesks have teamed up for this guide providing useful background information on the Madrid System as well as IP management best practice related to international trademark protection.

When it comes to protecting your trademarks outside the EU, registration procedures, requirements and databases differ from country to country. Our colleagues from the International IPR SME Helpdesks offer a variety of supporting material providing you with insights into the registration procedures and specifications of China, South-East Asia and Latin America. Take a look at the following guides and SME case studies focusing on international trademark protection.

Case Study: Expanding Your Online Business to Chile

After the successful launch of their cloud-based innovation in Europe, a German SME took their product to Chile. Despite properly protecting their invention through the appropriate trademark, patent and copyright application, they were affected by a trademark infringement through an unauthorised plugin developed by one of their users.

Case Study: Trademark Registration in Thailand and South-East Asia in the Automotive Industry

Textra Automotive (“Textra”) is a medium-sized European company known for producing high-tech sensors for cars. After an extensive market study, Textra decides to enter the ASEAN market, and pursue sales of the products in Indonesia, Malaysia, Vietnam and the Philippines. It applies for trademark registration in Thailand, with a plan to register the same mark in the other four countries, claiming priority from the Thailand application. However, Textra discovers that the trademark had already been registered by another company. Based on Textra’s example the case study spotlights the challenges companies may face when registering trademarks in South-East Asian countries.

Case Study: Customs Recordals in China

An established German electronics company had been manufacturing their product in China for years until, suddenly, they were contacted by Chinese customs telling them that a shipment of their goods from China had been detained and was suspected of infringing trademark rights. This case study involving a Chinese trademark squatter, a German electronics company and goods seized at Chinese customs, emphasises why SMEs need to register their trademarks in China even if they are not selling their goods on the Chinese market.

International Trademark Protection