When it comes to well-known marks and unfair competition, the statute of limitations is a controversial issue.
When it comes to well-known marks and unfair competition, the statute of limitations is a controversial issue. It would be simpler if it only implied the annulment of a trademark registration, but it usually comes associated with a continued use of the infringed mark.
According to Article 6 bis of the Paris Convention, of which Costa Rica is a member “… (2) A period of at least five years from the date of registration shall be allowed for requesting the cancellation of such a mark. The countries of the Union may provide for a period within which the prohibition of use must be requested.” Further on it states that “… (3) No time limit shall be fixed for requesting the cancellation or the prohibition of the use of marks registered or used in bad faith …”
Similarly, Article 4, item 5(b) and (c) of Recommendation 833, states that “… a member state may not prescribe any time limit for requesting the invalidation of the registration of a mark which is in conflict with a well-known mark if the conflicting mark was registered in bad faith.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on email@example.com.
Trademarks, well-known marks, Costa Rica,