Does the cancellation action based on non-use fit for a well-known mark? MANICHO, a story worth telling.

Abstract

The present article aims to expose and analyze one of the most important cases in Ecuador in trademark area, which arose as a consequence of financial liquidity problems of La Universal company. In this case, the authority solved the existing vacuum, at Community level and national level, in Industrial Property rights regarding the wide legal protection well-known marks enjoyed. This work will show how the national authority based on this case was able to clarify doubts concerning the possibility of canceling, for the lack of use, the registration of a well-known mark. Also, the resolution taken in this case helps to understand the interpretation of legal provisions the Communitarian legislation envisages on the subject.