In referring to the Industrial Property as a key branch that integrates the content of the Intellectual Property is obligated to refer to different forms of coverage, primarily those that provide rights and that its contents are under study. These methods have characteristics that unite them in certain groups of families, even while they differ within each group by its individual elements, for example, details of which are protected by patents and within this group, inventions apart from the rest of the modalities that integrate it; thus have distinctive signs and within these to brands – distinguishing par excellence, who have their own characteristics that make them different from the rest of the hallmarks that make up that family. These elements highlight the presence of classifier classes Nice international or national – products and services to be represented in the market for these brands, which means that each mark with the mission has to distinguish and differentiate certain products or services market similar and can coexist without creating confusion in the final recipient customer, consumer or user.
This is what trademark law is known as the specialty, which is aimed at determining the compatibility of signs identical or similar when applied to products or services sectors that are different within a given business area, ie , allows identical marks coexist for different products, provided they are sufficiently different as to not arouse the risk of confusion regarding the corporate origin.
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Trademarks, unlike other distinctive signs, protected only with articles for which has been recorded and nothing more, ie, products or services that the applicant expressly reflected in the documents of the registration process and to which the national office granted the exclusive rights, this being the most obvious and direct effect of the specialty trademark. Hence, the same trademark may be registered by any other person for distinguishing goods of another kind, provided that it has acquired notoriety notorious enough credit to prevent such registration or when they may be confused by the consumer.
Of the issues raised here can be interpreted in the presence of a direct and close relationship between the mark with as such and the products or services rendered, everything leads us to believe that the exclusive rights purchased by the holder of a trademark is not refer to the sign in the abstract but to the relationship between the sign and the goods or services identified, and this is what makes it a trademark specialty. Element that is unique and inherent brands.
As stated by Professor Fernandez-Novoa about “the brand is not a sign is to abstractly considered, but a sign in conjunction with one or more classes of goods or services. Similarly, the right on the mark does not fall on a sign per se, but a sign in conjunction with one or more classes of goods or services. “Each brand is born and immediately establishes, by its very nature, a relation to a product previously determined.
As has been consideration of the authors of this paper, a brand does not come to be regarded as such, only as this is linked to certain products or services – specialty-, when it comes to distinguish and differentiate in the market which have similar a distinct business source, not only just the act of registration, should be combined a number of factors that allow the brand to win a place in the market and in the minds of consumers about products or services it represents. From there, the possibility that many jurisdictions are able to cancel, either ex officio or at the request of an interested party (3rd party involved), a record for non-use of the sign in the territory where he was granted the same (revocation for non-use), provided set time elapses, that the Cuban case is three consecutive years.
The principle of specification allows a brand that is registered for meat, for example, can live with a similar or identical dedicated to beverages and other identifying edible salt within a commercial area all belong to different business backgrounds, as products representing in each case are different in nature, so that makes it will be too.
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