1E9Ct5D

prior to this petition, or a trademark application or registration that is the same as orconfusingly similar. If no such prior application or registration is found, the publicationwill be made. Finally, the trade name will be governed to the extent applicable and whenthere are no special rules applicable, by the rules established in the LPI for trademarks.According to the LPI, a distinctive sign will not produce effects against a third party when:a) The same or a confusingly similar distinctive sign is exploited in good faith in thecountry for the same or similar products or services, provided such use beganbefore the date of filing of the application or the first use declared in such filingand it has been used continuously without interruption; 15b) The product to which the registered trademark is applied is sold, distributed,acquired, or used after such product had been legally introduced in the market bythe holder of the registered trademark or the licensee;c) The third party (whether an individual or an entity) applies its name or denominationto the products it produces or distributes, the services it provides, or itsestablishments, or uses it as part of its trade name, provided the third party appliedit in the form in which it is accustomed to use it and it has characteristics that distinguishit clearly from a homonym already registered as a trademark or publishedas a trade name.The industrial property rights resulting from distinctive signs (as well as the rightsresulting from an application in process) can also be encumbered or transferred 16 inwhole or in part. To that effect, as with respect to the creations of industrial application,only the formalities established in the civil code need be complied with, and to be effectiveagainst third parties they must be registered 17 with the IMPI. Furthermore, the holderof a trademark registration or a slogan (or a trade name) can grant, through anagreement, a license to one or more persons, 18 in relation to one or more of the productsor services to which the trademark or slogan applies. Any such license must be registeredwith the IMPI in order to produce effects against third parties.213Industrial Property__________15The third party will have the right to request the registration of the trademark within the three years followingthe date on which it was published in the Registry, in which case it must process and obtain the declarationof nullification thereof previously.16It should be pointed out that when there is a merger of legal entities, it will be understood that there is atransfer of rights over registered trademarks or slogans (provided there is no stipulation to the contrary).17For this purpose a request for registration of transfers must be filed, accompanied by the documents evidencingsuch transfers and the payment of the corresponding governmental fee. A power of attorney grantedby the assignee to the law firm making the registration must also be filed.18The person having a legally registered license has the power to exercise a legal action to protect the rightsover the trademark as if he were the title holder thereof. This is so unless there is some stipulation to thecontrary, since the use of the trademark by the licensee is considered to be use by the trademark titleholder himself.