Protección jurídica en el registro de las marcas.

Abstract

This project addresses, and is based on the need to incorporate changes of a significant nature, in order to improve the protection of the Brand in our Legislation. At present there is a legal body that deals with the "BRAND" itself that is typified within the Intellectual Property Law; the brand is a good without material existence owned by someone, by means of which it is sought to differentiate a good or served through a sign that is exclusive in order to identify it from that of others; and, that due to the growth of countries and their development, their rights have been violated, in such a way that we can appreciate that the brand has suffered a large scale of unfair competition, trademark rights, together with property rights. intellectual, are of great importance due to the guarantee and protective function they perform, since they are in charge of offering us legal certainty so that intellectual creations of both people who already own the authorship of their works, as well as who seek to protect themselves from impersonation attempts or unfair competition perpetrated by third parties. Focused on the lack of sanctions within the regulations related to trademark law, more specifically in processes corresponding to trademarks that have been registered or requested with an existing verifiable bad faith, in addition to the creation of a sanctioning section within it. normative and a comparative criticism between the civil route.