Proof of use of a trademark: Internet use and other criteria - ASIPI Buenos Aires 2016

Proof of use of a trademark: Internet use and other criteria

The legal burden of the use involved in the registration of a trademark in a large number of legislations in the world, faces us with the question of what constitutes “use” for purposes of the defense of the registration. In many of the legislations that regulate the action (administrative or judicial) of cancellation for lack of use, the burden of proof is reversed, corresponding to the owner of the registration prove the use, that in some legislation qualify as “effective” of the trademark. Today the technology of communications is as important as the physical spectrum of the promotion and dissemination of products and its trademarks, so therefore, the legal analysis of the use of trademarks through the internet is appropriate. Speakers will provide us with their opinions and practical experiences and administrative and judicial decisions, on the probative value and the accreditation of “effective” use of trademarks through the internet.