1. International Trademark Association Page 1 of 5
.,
'
...-
= ""'----, ..
-::::::::::::::.:···
.. m=~
=
~
Friday, February 01, 2002 Vai. 57, issue No. 3
Highlights
Associatioo News Law & Practice
Committee Commeots
..................................................... _ .. ARGENTINA BRAZIL COLOMBIA HONG KONG OAPI
Features POLANO--
10 The News
Law & Practice ARGENTINA
.rJlernb~r...
~.po~li.~.ht
00 The _Move Power of Attorney Now Required At Time Df Filing Trademark
_ .
Applications
--
By Carolina Fernández, Hausheer Belgrano & Fernández, Buenos Aires,
Archives Argentina
Archives
Pursuant to procedural rules recently enacted by the Trademark Office and
Note: Vou must be in
published in the Official Gazette on November 8, 2001, it is now mandatory to
INTA's Members Only
Site to access this Iink. submit a power of attorney executed by the applicant at the time the
trademark application is filed with the Trademark Office. Otherwise, the
application will be rejected automatically in due course.
Complete Issue
A single general power of attorney is sufficient to represent the same
Print a Complete copy
of this Bulletin as a company or individual in any number of cases, provided it is recorded with the
PDF Trademark Office. This document should also be executed by a
Ifyou are unable to representative officer of the applicant company or by the individual applicant
view this file. download before a notary public and legalized by apostille or consul.
the Acrobat Viewer at
Adobe.com
However, in some cases-such as with renewals, applications c1aiming
convention priority and oppositions-it is necessary to file a document to meet
Editors a deadline. If an executed power of attorney is not available, it is still possible
to submit the application, provided the missing document, duly notarized and
Contact the Editors
......................... _ .....
legalized, is filed at the Trademark Office within 40 days of the filing date .
Verifier: Marcelo Garcia Sellart, Moeller & Co., Buenos Aires, Argentina
BRAZIL
http://inta .org/membersonly/bu lIeti n/A. asp? I=48&8= 7 2/5/0~

2. International Trademark Association Page 2 of 5
Damages for Trademark Infringement Must be Proven to be Awarded
By Erica Aoki, Moreira Lima, Royster & Ohno Advogados, Sao Paulo, Brazil
On September 18, 2001, the Paraná State Court of Appeals decided that a
mere presumption of loss and damages resulting from trademark infringement
will not support an award for damages; rather, loss for damages should be
awarded to the prevailing party only if they are proven correct.
In this case, Centro Educacional La Salle Sociedade Civil Ltda. sought to
prevent the defendant Centro Educacional Senior S/C Ltda. from using the
name of its educational establishment, "Colégio Canadá," and its symbol, an
apple, which had been in use for more than 30 years in the state of Paraná.
The plaintiff also asked the court to award it compensation for damages and
losses caused by the defendant's illegal use of its name.
The defendant c1aimed to be the legal owner of the name "Colégio Canadá"
by virtue of its having registered the mark with the Brazilian Patent and
Trademark Office (INPI). However, both the lower court and the appellate
court invoked the applicable rules of the Paris Convention, as well as article
126 of Law 9.279/96 (Brazilian Industrial Property Law), and held that the
defendant did not have rights in the trademark superior to the plaintiff. The
Court of Appeals ruled that the famous nature of the plaintiff'S name in the
specific field of business granted the plaintiff rights in its trademark in Brazil
even if it had not duly registered the mark with the INPI. In addition, the court
of appeals awarded the plaintiff compensation for loss and damage caused by
the defendant's infringement.
The defendant filed a Special Appeal to the appellate court, arguing that the
plaintiff had not proven loss and damages caused to its business. The
appellate court granted the defendant's appeal, stating that loss and damages
cannot be awarded unless such losses and damages are proven, not merely
alleged, during the cognition phase of the procedure.
Case: RE sp 316.275 - PR (2001/003982 - 2) - 4a T. - j. 18.09.2001- ReI.
Min. Ruy Rosado de Aguiar
Verifier: Rodrigo A. Santos, Momsen, Leonardos & Cia., Rio de Janeiro, Brazil
Back to the Top
COLOMBIA
Handling of Trademark Registrations Online
By Fernando Triana, Triana, Uribe & Michelsen, Bogota, Colombia
On August 28, 2001, the Superintendent of Industry and Commerce, who
directs the Colombian Trademark Office, issued an opinion regarding the
online filing of documents relating to trademark applications and registrations.
Published in the November 12, 2001 issue of the Colombian legal journal
Ambito Jurídico, No. 9, the opinion states that ali documents pertaining to the
registration of trademarks can be submitted online except those documents
involving the granting of powers of attorney or involving trademark matters in
http://inta .org/membersonly/bu lIeti n/A.asp?1 =48&8= 7 2/5/02