La confusión marcaria en Ecuador : el nombre comercial y la marca.

Abstract

As background in the present investigation, it is detailed that the norm is not specific regarding the coexistence of distinctive signs in the procedure established in article 416 of the Social Economy of Knowledge, Creativity and Innovation Organic Code. The main objective of the present paper is limited to analyzing the brand and the trade name as distinctive signs, as well as the systems of protection of the distinctive signs: the attributive and the declarative, to finally analyze the trademark confusion between the trade name and the registered trademark in a way that allows us to establish argument guidelines to solve conflicts of confusion between commercial name and service mark. Regarding the methodology used in the present investigation, it includes a study of the background of the subject, legal review of doctrine and positive law, since the approach of this investigation is qualitative, in addition the documentary analysis and the study of the Procedure were used. of Opposition to registration of trade name LA TENAZA: Procedure IEPI-2018-29700. Regarding the results, it was possible to show that there are no unified criteria regarding the coexistence of distinctive signs. In conclusion, it is intended to propose a reform to the Organic Code of the Social Economy of Knowledge, Creativity and Innovation in its article 416 in order to allow a legal instrument that makes the coexistence of distinctive signs effective.