Region: Latin America & Caribbean

Certain non-descriptive and generic marks may be registered

The Colombian Trademark Office has issued a resolution which implements Article 135 of Andean Community Decision 486. Article 135 provides that a mark may not be registered if it lacks distinctiveness, unless the public associates that mark with a specific product or service as a result of its continued use by the trademark applicant.

12 November 2002

Ministry resolves struggle for '.co'

The Ministry of Communications has issued a resolution that entitles the government to retain control of the country-code top-level domain and ends the debate about whether '.co' may be commercialized as an alternative to '.com'.

30 August 2002

Domain name body lifts registration limit

The Research Support Foundation of the State of São Paulo - the entity responsible for the registration of domain names in Brazil - has issued new rules. Companies and individuals are now free to register as many third-level domain names as they like.

07 May 2002

'.co' indicates Colombia, not company, says government

Following the Andes University's threat to auction off administration of Colombia's country-code top-level domain, the Council of State has determined that '.co' is a public asset, so the Ministry of Communications is the competent authority to regulate its administration.

28 February 2002

Prior use of trade name defeats trademark application

The Brazilian Superior Court of Justice has ruled that a prior user of a trade name has standing to oppose a trademark application even if the two are not in direct competition. The court's decision has the effect of empowering domain name holders in their fight against cybersquatters.

12 November 2001

American Airlines wins significant squatting dispute

American Airlines recently recovered two domain names containing its trademarks even though Brazil has not yet become a party to any dispute resolution treaties and the legislature has not yet issued guidelines on what constitutes 'bad faith' registration.

25 October 2001

Andean Community deals with domain issues

Two members of the Andean Community (Colombia and Peru) are dealing with important internet-related issues - the resolution of domain name disputes and the management of country-code domains. The outcomes are expected to impact on the community as a whole.

15 October 2001

AOL recovers domain name in Brazil

After a three-year dispute, the US-based ISP America Online Inc has won the right to use the domain name 'aol.com.br'. AOL brought a claim against America On Line Telecomunicações Ltda, a local provider, that had registered the domain name in 1997.

28 August 2001

Colombia could pose challenge to the '.com' web address

A university in Colombia may turn the country's internet code, '.co',into a generic domain. The university is inviting bids from companies that wouldmarket the domain name internationally as an alternative to '.com', '.net' andothers.

03 July 2001

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