El principio de uso obligatorio de la marca registrada en Guatemala
Traditionally, it was thought that the right of property could only be extinguished by causes such as: destruction of assets, its alienation, waiver, abandonment, revocation or declared by a court. This traditional scheme is broken in trademark law, incorporating temporality of ownership right of th...
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| Formato: | Artículo |
| Idioma: | Castellano |
| Publicado: |
2016
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| Acceso en línea: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6088229 |
| Fuente: | Revista Auctoritas Prudentium, ISSN 2305-9729, Nº. 15, 2016, pags. 59-73 |
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| Sumario: |
Traditionally, it was thought that the right of property could only be extinguished by causes such as: destruction of assets, its alienation, waiver, abandonment, revocation or declared by a court. This traditional scheme is broken in trademark law, incorporating temporality of ownership right of the trademark. In that sense, the expiration of the term during which the trademark was protected is included as a cause of extinction of this right, without having applied for renewal. In Guatemala the term of protection is ten years from the date of registration (Sections 31 and 62, Decree 57-2000 as amended, Industrial Property Act).
Moreover, the current Guatemalan laws make the property right of a trademark conditional to a commercial and actual use of an emblem within the national territory. This is the reason for the principle of compulsory use of a trademark, in empowering any person to request a court of competent jurisdiction to cancel the registration of a trademark that has not been used by its owner within a reasonable period. This term varies in each legal system of the countries that have incorporated this principle, which for Guatemala is 5 years from its registration. |
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