A comparative perspective on the concept of trademark, the regulation of notorious distinctive signs and prohibitions of registration in the Spanish and Nicaraguan Law

Abstract

The importance of trademarks as industrial property type is unquestionable for modern commercial law. In Spain and Nicaragua the legal status of the distinctive signs contained respectively in Law 17/2001 Trademark and 380, on Trademarks and Other Distinctive Signs. Both laws settle its regulation on common features and on the requirement of distinctive brand strength, although with a variety of nuances that are due to the influence of different legal tradition on which they are based. In the present study a comparative approach of some aspects of these regulations, mainly the brand concept and the legal regime of the notorious marks and prohibitions registration is done.