Recognition of: “New brands” or “non traditional brands”: types and challenges

Abstract

The technology grows exponentially at the degree that the concept of “brand” from a legal perspective especially industrial property evolves constantly. Usually a brand is defined as any visible sign used to make out property, products and service whiten others of the same class or kind, however creativity, the science and technology allowed the emergence of a new kind of brands or non – traditional brands, which they aren´t perceived by the sense of sight. In the face of this dilemma, these new trademarks, sign have caused a stir in some registry offices around the world, not just for the newness that these present, but also by the way they can be distinguished, represented, and graphed. At the moment of request they respective registration. Likewise the world intellectual Property organization trough the standing committee on the law of trademarks, industrial designs and geographical indications it has sought to base of unique judgment tending at regulating the same however today the countries members of this organization have failed to base a harmonious agreement to the complexity that these generate. Meanwhile, the national legislation like international reflects to the inner in their legal percepts some apathy or reticence to recognize non- traditional brands especially not visible, as distinctive signs property said.