Exclusion of the graphic representation requirement in the Andean Community of Nations"™ trademark regime

Abstract

In the area of industrial property, there are ambiguous interpretations regarding the trademark"™s legal definition, which by recognizing the graphic representation as a conceptual component of it, have given this graphic element an unnecessary role. Notwithstanding this, the Andean Community of Nations"™ trademark regime clearly defines trademarks solely based on their distinctive aptitude and requires graphic representation only as a registration"™s procedural requirement. This requirement is based on the attributive system, and its requirement makes sense if it allows a precise determination of the trademark"™s object of protection. However, graphic representation hinders the registration of non-visual trademarks that, despite fitting the trademark"™s legal definition, cannot be graphically represented, but could be represented according to the available technology. Thus, graphical representation has become an obsolete requirement since it is incapable of fulfilling its main and essential objective of precision. Consequently, the Andean trademark regime must allow representation in any way that allows the public to precisely determine the trademark"™s object of protection granted to its owner.