List of the trade name of the following:
- Pindolol = Visken.
- Baclofen = Lioresal.
- Omeprazole = Losec.
- Acitretin = Neotigasone.
- Isotretinoin = Roaccutane.
- Orlistat = Xenical.
- Hexoprenaline = Ipradol.
- Khellin = Lynamine.
- Sildenafil = Viagra.
- Pivampicillin = pondocillin.
- Bufexamac = Droxaryl.
- Codergocrin = hydergine.
- Acarbose = Glucobay.
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The trade name:
Commercial names are distinctive signs of great importance for companies, since they identify entrepreneurs differentiating them from their competition, serve to attract customers, concentrate the company's reputation and fulfill an advertising function.
Trade names do not necessarily have to consist only of words, they can include graphics or drawings. Make sure you know them and protect them properly because they are very relevant assets that can acquire significant value. In addition, it is common to confuse or associate them with social reasons and brands.
Brands are distinctive signs capable of identifying products and services in the market and our legislation prohibits the coexistence of identical or similar brands. The rights over them are obtained with their registration before the Superintendence of Industry and Commerce -SIC-, so that their use prior to registration is irrelevant.
The social reasons are not distinctive signs and correspond to a denomination under which a company is registered with the Chamber of Commerce proving its existence. For its registration, a total homonymy control is carried out and, therefore, we can find several almost identical social reasons registered.
According to article 190 of Decision 486 of 2000 of the Commission of the Andean Community, “commercial name shall be understood as any sign that identifies an economic activity, a company, or a commercial establishment”. From this perspective, a company may have several business names, but only one business name. Coexistence of identical or similar trade names is also not allowed.
The commercial names can coincide with the company name and the brand used to identify its products or services in the market, although they are independent. An example is the Éxito supermarket chain: the brand is Éxito, its commercial name is also Éxito and its business name is Almacenes Éxito S.A ..
Exclusive rights to trade names are acquired by their first use in commerce and end when their use ceases. You can request your deposit with the SIC and the certificate of deposit may constitute a presumption of the beginning of the use of the commercial name, although this does not generate rights. It is presumed that the date of first use of the commercial name is its date of application for deposit with the SIC, or even the date of registration of the business name before the Chamber of Commerce (under the assumption that the business name and commercial name coincide ).
However, the evidence that demonstrates the use of trade names must be retained, as they allow to prove their actual, effective and continuous use. In addition, the deposit with the SIC is not published in the Industrial Property Gazette, which would facilitate its publicity and enforceability against third parties.
It is necessary to have the proofs of use to present oppositions against applications for the registration of trademarks or commercial slogans and to defend the commercial names of possible infringements.
In order to prove the use of a commercial name, invoices, publicity, and audit certifications can be presented that prove the frequency and quantity of commercialization of the services under that name.
Finally, it should be taken into account that the trade name must be assigned together with the trade establishment, since it is part of it.
- Pindolol = Visken.
- Baclofen = Lioresal.
- Omeprazole = Losec.
- Acitretin = Neotigasone.
- Isotretinoin = Roaccutane.
- Orlistat = Xenical.
- Hexoprenaline = Ipradol.
- Khellin = Lynamine.
- Sildenafil = Viagra.
- Pivampicillin = pondocillin.
- Bufexamac = Droxaryl.
- Codergocrin = hydergine.
- Acarbose = Glucobay.
--------------------------------
The trade name:
Commercial names are distinctive signs of great importance for companies, since they identify entrepreneurs differentiating them from their competition, serve to attract customers, concentrate the company's reputation and fulfill an advertising function.
Trade names do not necessarily have to consist only of words, they can include graphics or drawings. Make sure you know them and protect them properly because they are very relevant assets that can acquire significant value. In addition, it is common to confuse or associate them with social reasons and brands.
Brands are distinctive signs capable of identifying products and services in the market and our legislation prohibits the coexistence of identical or similar brands. The rights over them are obtained with their registration before the Superintendence of Industry and Commerce -SIC-, so that their use prior to registration is irrelevant.
The social reasons are not distinctive signs and correspond to a denomination under which a company is registered with the Chamber of Commerce proving its existence. For its registration, a total homonymy control is carried out and, therefore, we can find several almost identical social reasons registered.
According to article 190 of Decision 486 of 2000 of the Commission of the Andean Community, “commercial name shall be understood as any sign that identifies an economic activity, a company, or a commercial establishment”. From this perspective, a company may have several business names, but only one business name. Coexistence of identical or similar trade names is also not allowed.
The commercial names can coincide with the company name and the brand used to identify its products or services in the market, although they are independent. An example is the Éxito supermarket chain: the brand is Éxito, its commercial name is also Éxito and its business name is Almacenes Éxito S.A ..
Exclusive rights to trade names are acquired by their first use in commerce and end when their use ceases. You can request your deposit with the SIC and the certificate of deposit may constitute a presumption of the beginning of the use of the commercial name, although this does not generate rights. It is presumed that the date of first use of the commercial name is its date of application for deposit with the SIC, or even the date of registration of the business name before the Chamber of Commerce (under the assumption that the business name and commercial name coincide ).
However, the evidence that demonstrates the use of trade names must be retained, as they allow to prove their actual, effective and continuous use. In addition, the deposit with the SIC is not published in the Industrial Property Gazette, which would facilitate its publicity and enforceability against third parties.
It is necessary to have the proofs of use to present oppositions against applications for the registration of trademarks or commercial slogans and to defend the commercial names of possible infringements.
In order to prove the use of a commercial name, invoices, publicity, and audit certifications can be presented that prove the frequency and quantity of commercialization of the services under that name.
Finally, it should be taken into account that the trade name must be assigned together with the trade establishment, since it is part of it.
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pharmacology