Thursday, July 6 2023   \  Published by Clarke Modet.

Trade dress, the protection of non-traditional marks in Latin America

Trade dress, the protection of non-traditional marks in Latin America

According to various Industrial Property studies, mark applications in Latin America increased by 30% in the last year. As we well know, the main purpose of preventing your intangible assets from being taken by a competitor is to make sure that your company has an adequate protection for such valuable assets.

On average, 80% of a company’s value is derived from its intangible assets, which means that marks, such as non-traditional ones: olfactory, sound, hologram or three-dimensional and the complete experience perceived by the consumer, better known trade dress, have a highly significant impact on your company. And although it is possible to support these assets, each country has its own legislation that allows or does not allow the protection of these, or contains its own considerations, which can make the process complicated and expensive. Read more

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