Among the distinctive signs that may not be registered are some prohibitions relative to the sign itself, those which are: • Signs that may be used commercially to describe the product; • Generic or scientific denominations of products, colors, etc.; • Signs that are contrary to the public order or morals; • Signs that ridicule persons, religions, countries, or others; • Signs that may deceive the public in terms of the nature or the qualities of the product, etc.
Other prohibitions are related to the rights of third parties. The ONAPI receives and studies requests presented in accordance with its established procedures. Reg- istration grants the exclusive right for the use of the trademark and authorizes its bearer to oppose third parties’ use of the same, unless in case of usual commercial indications. It grants a registration period of 20 years, renewable for consecutive periods of 10 years. The requests for renewal must present the proof of use of the trademark. The bearer of a mark may not oppose the use of the trademark by third parties, in relation to products that are in the market, within the country or abroad, for the same person or with that person’s consent, or by persons economically related to that person, as long as the product, its packaging, and labels have not suf- fered alterations or deterioration.
TRADENAMES Distinctive signs such as names, brands, signs, slogans, and origin denominations are protectable as trade- names. The right for the exclusive use of a commercial name comes from its first commercial use. The pro- tection is granted even before registration and derives from the use of the name. Only in cases of commercial slogans, the right of exclusive use is granted by registerring. Tradenames may not be composed of indications or signs that are contrary to public order or moral standards, or that may create confusion in the public in terms of the nature, activities, or any other aspect related to the company or business associated with the same or its products and services. Registration is not mandatory, but it helps to ensure that the owner of the tradename has in fact adopted and legally uses said name. The procedure for registration is similar to that of trademarks. Registration is grant- ed for renewable periods of 10 years, except for the original denominations, which are registered indefinitely.