Derecho de marcas. Teoría y práctica internacional

The development of various human activities has inevitably created new categories of products and services that, although increasingly common, did not exist just twenty years ago. Consider community management services, pet schools, or the now-famous influencers. These new activities and products, like traditional ones, must be identified by means of signs that distinguish them from similar ones, thus allowing them to achieve recognition within the intended audience. Thus, of all the categories that comprise the discipline of intellectual property, trademarks are those that have the closest connection with consumers, as they enable a choice of products or services according to needs, tastes, and trends. It is precisely for this reason that trademark law is extremely dynamic and that innovation in forms, packaging, and advertising media represents a constant challenge for this legal discipline. This work is the result of research conducted on the most relevant topics of current trademark law in three legal systems: the Andean Community, the European Union, and the United States. The fundamental objective of the research focused on identifying the issues that generate the most controversy before courts and administrative bodies and studying how these are resolved by the legislation and jurisprudence of the selected legal systems.

We hope that the contents of this study will be useful not only to the academic community but also to anyone interested in the legal practice of trademark law.