Keywords
mislead
information veracity
evocative prefix
How to Cite
Abstract
The purpose of this paper is to study, according to the jurisprudence of the European Communities and the Andean Community, the topic of deceptive trademarks, understood as signs tending to mislead consumers as to the underlying products or services to which they are affixed.
Competition law also covers the use of deceptive signs in commerce. However, this study is focused mainly on the adequate examination signs should undergo in order to be eligible for registration as trademarks.
Once a trade mark is officially registered, exclusive rights are granted to its owner, including the rights to use the trademark with respect to those products for which the trademark is registered and to exclude others from using such signs, rights derived from the ius prohibendi conferred by registration. Therefore, producers need to be cautious not to choose misleading signs as trademarks, in order to avoid infringing rights of consumers and other producers of goods and services. In addition, when judging the validity of trademarks, trademark examiners and judges must undertake a thorough review of the signs. Therefore, by choosing an attentively the sings to be used as trademarks, producers may avoid legal hindrances, thus, saving time and money.
Firstly, legal doctrine on deceptive trademarks will be analised. Then, representative judicial and administrative jurisprudence in Colombia, the Andean Community and the European Communities regarding deceptive trademarks will be summarized, and commented.
While writing this article, the author sought to use legal doctrine and jurisprudence significant in national, supranational and international contexts, which make a real contribution to trademark law, in order to systematize it and offer a profound insight into deceptive trademarks, adding an analysis and a viewpoint, which can be useful.
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