ECUADOR: Beware late..late..worms!! No more time extensions for oppositions in Ecuador.

According to a recent decision issued by the ECUADORIAN INSTITUTE OF INTELLECTUAL PROPERTY - IEPI (11-029 P-IEPI), it is no longer permissible to file term extensions for Trade Mark Oppositions in Ecuador.

This interpretation was based on the fact that the Andean Community Decision No. 486 (Common Intellectual Property Regime applicable in several countries of South America), only provides a 30 day term for oppositions and does not contemplate any time extensions. It is important to mention that the said Andean Decision is superior in hierarchy to domestic laws in Ecuador.

In addition, there has been a misuse of these time extensions, as a bad faith tool to delay trademark applications.

Apparently the early bird, eats the late...late...worm, so, be careful when it comes to opposing in Ecuador.

MEXICO: The Unfortunate "Blue Magic" Effect

I recently read in an online newspaper, that some drug cartels are actually using Trademarks to distinguish their products from those of their competition.

Just like the dreadful Frank Lucas did in the 70´s with his "Blue Magic" heroin, these guys apparently inspired themselves in the Denzel Washington film "American Gangster" and are doing just the same.

How unfortunate!!

COLOMBIA: The Madrid Protocol is now a reality.

On June 29, 2011 the Colombian Congress approved Act 1455, by which the Madrid Protocol comes into effect in such country.

Colombia is now part of this treaty along with 84 other countries such as: Germany, Spain, USA, China, Israel, Japan, Cuba, UK, Switzerland, Korea, Russia, UE, France, etc. Internal steps are yet to be taken for a full validity of the Act.

This would be the second Latin American jurisdiction (after Cuba) to enforce the Madrid Protocol, when traditionally, most Latin American countries refuse to be part of it.

The basis of their rejection is the inconvenience to their nationals, disadvantage to domestic marks and major constitutional issues incompatible with the Treaty.

Rumor has it that Brazil, Dominican Republic and Costa Rica are in the same process and will soon be included in the list.