Country Mark: The Commission of the Andean Community establishes a new category of trademarks.

On April 23, 2021, the Andean Community Commission approved Decision No. 876 by which it establishes a common regime for the protection of the "Country Mark". A new type of trademarks is created, consisting of the signs used by a country to promote its image, culture, customs, exports and investments within and outside its territory.

We will hereby clarify some of the interrogations that may arise in connection with this Decision.

¿Who can apply for a Country Mark?

The Country Mark may be applied for by any of the Member Countries of the Andean Community, who may determine as they wish the number and variations of the Country Mark.

¿What does the protection granted to a Country Mark consist of?

The Country Mark will enjoy the following particularities that differentiate it from the already known trademark rights: its protection is indefinite; it will not be subject to any requirement of use as a condition to maintain its protection, and last but not least, this type of trademarks will be unseizable.

Evidently, the competent national office shall refuse, ex officio or at the request of a party, the registration of any distinctive sign that is identical or similar to a protected Country Mark.

¿Who may object a Country Mark application?

The application for a Country Mark may be objected by any of the Member Countries, through the competent national office, and they will have a term of three (3) months to do so. Unfortunately, the Decision does not open the possibility for trademark owners to object a Country Mark application.

¿What measures may be taken against infringing acts?

The competent national office that becomes aware of the infringement of a protected Country Mark in the territory under its jurisdiction shall initiate ex officio the appropriate administrative procedure and may order, among others, the following measures:

- the cessation of the acts constituting the infringement;

- the withdrawal of the products and materials constituting the infringement from the commercial circuits;

- the prohibition of the importation or exportation of the products, materials or means constituting the infringement.

- the adoption of the necessary measures to avoid the continuation or repetition of the infringement, including the destruction of the products or materials or the temporary or definitive closing of the infringer's establishment;

- publication of the decision and its notification to the persons concerned, at the expense of the infringer.

In addition, the competent national office may order immediate precautionary measures in order to prevent the commission of the infringement, avoid its consequences, obtain or preserve evidence, or ensure the effectiveness of the action.